Miss. Code Ann. § 69-37-15 — MS Code / Title 69 / Chapter 5 / Section 37-15
Miss. Code Ann. § 69-37-15
Status: in_force

Upon determination by the bureau that the Mississippi Boll Weevil Management Corporation meets the requirements of Section 69-37-13 , the bureau shall certify the corporation as the official administrative and regulatory body for all Mississippi cotton growers who are members of a cotton growers association as defined in Section 69-37-5 . The certification shall be for the purposes of this chapter only and shall not affect other organizations or associations of cotton growers established for other purposes.

The bureau shall certify only one (1) corporation and may revoke the certification of the corporation if at any time the corporation fails to meet the requirements of this chapter. The debts of the corporation, if there are any, shall not become the liability of the bureau or the department.
Miss. Code Ann. § 69-44-3 — MS Code / Title 69 / Chapter 5 / Section 44-3
Miss. Code Ann. § 69-44-3
Status: in_force

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

(2) The members of the board shall meet and organize immediately after their appointment, and shall elect a chairman, vice chairman and secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by such officers or specifically designated by the board. The chairman, vice chairman and secretary-treasurer shall be bonded in an amount not less than Twenty Thousand Dollars ($20,000.00). The cost of the bonds shall be paid from the funds received under this chapter. The bond shall be a security for any illegal act of such member of the board and recovery thereon may be had by the state for any injury by the illegal act of the member. The board may establish rules and regulations for its own government and the administration of the affairs of the board.
Miss. Code Ann. § 69-7-405 — MS Code / Title 69 / Chapter 5 / Section 7-405
Miss. Code Ann. § 69-7-405
Status: in_force

Whenever either the committee created by Section 69-7-401 or the committee created by Section 69-7-403 deems it advisable to regulate the marketing of fresh vegetables in any manner considered by them to be helpful to the industry during any specified period, it may so recommend in writing to the commissioner of agriculture and commerce. At the time of submitting such recommendations the committee shall furnish to the commissioner of agriculture and commerce all pertinent data and information upon which it acted in making such recommendations, along with such other data and information as the commissioner of agriculture and commerce may request.

Based upon the recommendation of the committee created for the districts under consideration and upon the information submitted in connection therewith, and upon other available data, the commissioner of agriculture and commerce may regulate the marketing of fresh vegetables produced in the area defined by this article, for any specified period, by regulating the handling of any vegetable produced in the districts defined in Sections 69-7-401 or 69-7-403 in one or more of the following manners:

(a) By prohibiting unfair methods of competition and unfair trade practices in the purchase or sale thereof.

(b) By limiting the grade, size, and maturity of any vegetable which each handler may purchase from or handle on behalf of any and all producers thereof during any specified period or periods.

(c) Providing that any vegetable or any grade, size or quality thereof shall be purchased or sold or offered for sale by the handlers thereof only at prices filed by such handlers in the manner provided in such regulation.

(d) Providing for the regulating of the handling of any vegetable in the same manner and for the same period in effect under any federal marketing agreement.

(e) Specifying standard containers which may be used in the purchase or sale of any vegetables.

(f) Requiring that all containers used in the sale of any vegetable shall be plainly marked with the grade and size of the contents therein.

(g) With respect to the districts defined in Section 69-7-401 , in order to provide proper maturity requiring that no vegetable may be sold prior to a date fixed in the regulation without permission from the commissioner of agriculture and commerce.

(h) With respect to the districts defined in Section 69-7-403 , in order to provide proper maturity requiring that no vegetable may be sold prior to a date fixed in the regulation.

The commissioner of agriculture and commerce shall immediately make publication for the issuance of any such regulations.
Miss. Code Ann. § 69-21-126 — MS Code / Title 69 / Chapter 5 / Section 21-126
Miss. Code Ann. § 69-21-126
Status: in_force

The department may require any holder of an applicator's or pilot's license to maintain records and furnish reports giving any information with respect to the licensee's purchase and application of any agricultural substances and any other aspect of the licensee's activities under this article.
Miss. Code Ann. § 69-17-3 — MS Code / Title 69 / Chapter 9 / Section 17-3
Miss. Code Ann. § 69-17-3
Status: in_force

No person, firm or corporation shall sell or offer for sale any biologics, drugs, remedies, tonics, medicine or other health preparation in the State of Mississippi designed for or to be administered to any livestock, poultry or any other animals until same has been registered with and approved for distribution by the board of animal health as herein provided for. Nothing in this article shall be construed to prevent the sale of any antibiotics by any concern to farmers or livestock owners.
Miss. Code Ann. § 69-13-307 — MS Code / Title 69 / Chapter 2 / Section 13-307
Miss. Code Ann. § 69-13-307
Status: in_force

Any person taking up estrays may retain possession thereof and use and employ the same in a proper and reasonable manner until claimed or sold according to law, without being liable to the owner thereof, and shall provide such estrays with sufficient wholesome sustenance; and if an animal so taken up die or accidentally get away, the taker up shall not be answerable for the same unless such death or escape be occasioned by ill treatment or neglect. Any person taking up and using an estray under the provisions of this section shall be liable for reasonable hire for the use thereof, to be fixed by the ranger, the same to be set off against the expense of keeping said estray.
Miss. Code Ann. § 69-37-35 — MS Code / Title 69 / Chapter 9 / Section 37-35
Miss. Code Ann. § 69-37-35
Status: in_force

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

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

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

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

(d) The corporation shall notify the commissioner of its determination, which shall be binding upon the applicants. Upon receipt of the determination of the corporation, the commissioner shall promptly notify each affected cotton grower of that determination. If an exemption has been denied, assessments and penalties for the year in which the application was made shall become due at the time they would otherwise have become due had no application for exemption been filed or within thirty (30) days after the date of the commissioner's notice of an adverse determination, whichever is later.
Miss. Code Ann. § 69-13-301 — MS Code / Title 69 / Chapter 2 / Section 13-301
Miss. Code Ann. § 69-13-301
Status: in_force

When a person shall find any horse, mule, jack, cattle, sheep, goat or hog straying upon his land, he may take up such animal, and, if the owner be known, he shall forthwith send the estray to the owner or notify him of the taking up of same. If the owner shall be unknown the person taking up such animal straying, shall forthwith post up a notice thereof, with a full description of the animal, in two public places in the supervisor's district, and at the courthouse door, for five days, at the expiration of which time, if an owner shall not have claimed the property and paid the charges allowed by law, he shall give information thereof to the ranger, or, if he reside more than ten miles distant, or if there should be no ranger, to a justice of the peace; and shall make oath before such justice or ranger that such animal was taken up straying at or on his farm or land, or the farm of which he has charge, and that the brands or marks of the animal have not been altered or defaced since the taking up.
Miss. Code Ann. § 69-17-11 — MS Code / Title 69 / Chapter 1 / Section 17-11
Miss. Code Ann. § 69-17-11
Status: in_force

The said Board of Animal Health is hereby authorized and directed to promulgate rules and regulations not inconsistent with this article, which may be necessary to its effective administration.
Miss. Code Ann. § 69-27-49 — MS Code / Title 69 / Chapter 3 / Section 27-49
Miss. Code Ann. § 69-27-49
Status: in_force

Any petitioner aggrieved by an order of the board granting or denying, in whole or in part, the relief sought, the commissioners of the district, or any intervening party, may obtain a review of such order in the chancery court of the county in which the lands of the petitioner may lie, by filing in such court a petition praying that the order of the board be modified or set aside and may demand a jury qualified in all respects as the jurors in eminent domain proceedings in the chancery court. A copy of such petition shall forthwith be served upon the parties to the hearing before the board and thereupon the party seeking review shall file in the court a transcript of the entire record in the proceedings, certified by the board, including the documents and testimony upon which the order complained of was entered, and the findings, determination, and order of the board. Upon such filing, the court shall cause notice thereof to be served upon the parties and shall have jurisdiction of the proceedings and of the questions determined or to be determined therein, and shall have power to grant such temporary relief as it deems just and proper, and to make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part, the order of the board. No contention that has not been urged before the board shall be considered by the court unless the failure or neglect to urge such contention shall be excused because of extraordinary circumstances. The findings of the board as to the facts, if supported by evidence, shall be conclusive. If any party shall apply to the court for leave to produce additional evidence and shall show to the satisfaction of the court that such evidence is material and that there were reasonable grounds for the failure to produce such evidence in the hearing before the board, the court may order such additional evidence to be taken before the board and to be made a part of the transcript. The board may modify the findings as to the facts or make new findings, taking into consideration the additional evidence so taken and filed, and it shall file such modified or new findings which, if supported by evidence, shall be conclusive, and shall file with the court its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review in the same manner as are other judgments or decrees of the court.
Miss. Code Ann. § 69-13-321 — MS Code / Title 69 / Chapter 9 / Section 13-321
Miss. Code Ann. § 69-13-321
Status: in_force

The ranger may seize and sell any estray which shall not be delivered according to law, and shall be allowed for such seizure the same fees as a sheriff is entitled to for executing a writ of execution.
Miss. Code Ann. § 69-13-311 — MS Code / Title 69 / Chapter 8 / Section 13-311
Miss. Code Ann. § 69-13-311
Status: in_force

When any estray shall die or escape, the taker up shall, without delay, make report thereof to the ranger, on oath, who shall make a memorandum of the same on the margin of his book opposite the registry of the certificate of such estray.
Miss. Code Ann. § 69-47-15 — MS Code / Title 69 / Chapter 2 / Section 47-15
Miss. Code Ann. § 69-47-15
Status: in_force

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

(2) These audits shall include, where appropriate:

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

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

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

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

(b) Trade secrets and commercial or financial information obtained from a person and privileged or confidential by statute or judicial decision.
Miss. Code Ann. § 69-23-103 — MS Code / Title 69 / Chapter 5 / Section 23-103
Miss. Code Ann. § 69-23-103
Status: in_force

Sections 69-23-101 through 69-23-135 shall be administered by the Commissioner of the Mississippi Department of Agriculture and Commerce, or his agent, herein referred to as the “commissioner.”
Miss. Code Ann. § 69-19-5 — MS Code / Title 69 / Chapter 3 / Section 19-5
Miss. Code Ann. § 69-19-5
Status: in_force

Professional services are defined as follows:

(a) Entomological work. Receiving fees for advice or prescriptions for the control or eradication of any insect pest or rodent. Receiving fees for actual spraying, dusting, fumigating or any other methods used for the control or eradication of any insect pest or rodent. When the majority of the income of an operation, business or individual comes from the actual operation of a farm and the sale of crops therefrom and, as a service to other farmers, these services are performed, such services shall not be included in this definition.

(b) Plant pathological work. Receiving fees for advice or prescriptions for the control or eradication of any plant disease. Receiving fees for actual spraying or any other methods used for the control or eradication of any plant disease. When the majority of the income of an operation, business or individual comes from the actual operation of a farm and the sale of crops therefrom and, as a service to other farmers, these services are performed, such services shall not be included in this definition.

(c) Horticultural and floricultural work. Receiving fees for landscaping and setting of plants or for the sale of any plants for which the seller contracts to render future services.

(d) Tree surgery work. Advertising in a local phone book, newspaper, newsletter, bulletin or other prominently displayed sign as a licensed or bonded tree surgeon and receiving compensation for any work or consultation relative to the care, pruning, cabling, bracing, topping, trimming, fertilizing, cavity work and removal of ornamental trees and shrubs in any manner. Nothing shall prevent any person from performing such services as long as their advertising does not include the description licensed or bonded.

(e) Weed control work. Receiving fees for advice or prescriptions for the control or eradication of any weed. Receiving fees for actual spraying or other methods used for the control or eradication of any plant which grows where not wanted. When the majority of the income of an operation, business or individual comes from the actual operation of a farm and the sale of crops therefrom and, as a service to other farmers, these services are performed, such services shall not be included in this definition.

(f) Soil classifying work. Receiving compensation for plotting the boundaries of soil and describing and evaluating the kinds of soil as to their behavior and response to management under various uses.
Miss. Code Ann. § 69-13-201 — MS Code / Title 69 / Chapter 5 / Section 13-201
Miss. Code Ann. § 69-13-201
Status: in_force

This article shall be known as the “Highway Fencing Law.”
Miss. Code Ann. § 69-23-109 — MS Code / Title 69 / Chapter 8 / Section 23-109
Miss. Code Ann. § 69-23-109
Status: in_force

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

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

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

(4) In order to eliminate inequitable application or establishment of opposing regulations, the authority to regulate any matter pertaining to the registration, sale, handling, distribution, notification of use, application and use of pesticides shall vest solely in the Commissioner of Agriculture and Commerce, except where other state agencies, including the Agricultural Aviation Board, exercise such regulatory authority under state law.
Miss. Code Ann. § 69-23-8 — MS Code / Title 69 / Chapter 2 / Section 23-8
Miss. Code Ann. § 69-23-8
Status: in_force

(1) A pesticide manufacturer having paid the pesticide registration fee required by Section 69-23-7(2) may make written application to the department on a form provided by the department for a rebate of not more than fifty percent (50%) of each pesticide registration fee paid by the pesticide manufacturer. The application must be submitted at the time of registration.

(2) Upon receipt of a written application for a rebate of the pesticide registration fee, the commissioner may grant a rebate of not more than fifty percent (50%) of each pesticide registration fee to the pesticide manufacturer if the commissioner finds, based upon the application submitted by the pesticide manufacturer, public records and facts subject to official notice that the operations of the pesticide manufacturer substantially benefit the economy of Mississippi and employment in Mississippi.
Miss. Code Ann. § 69-13-25 — MS Code / Title 69 / Chapter 9 / Section 13-25
Miss. Code Ann. § 69-13-25
Status: in_force

If the amount claimed for the damages by animals trespassing exceed two hundred dollars, the plaintiff will proceed by petition in the circuit court, wherein the proceedings shall be according to the practice of that court; and the clerk shall perform the ministerial duties prescribed for justices of the peace in cases before them.
Miss. Code Ann. § 69-7-669 — MS Code / Title 69 / Chapter 5 / Section 7-669
Miss. Code Ann. § 69-7-669
Status: in_force

(1) If any person subject to this article violates any of the provisions of this article, or of any order of the commissioner under this article, relating to the purchase, sale or handling of catfish, he shall be liable to the person or person injured thereby for the full amount of damages sustained in consequence of such violation.

(2) Such liability may be enforced either (a) by complaint to the commissioner or (b) by suit in any circuit court of competent jurisdiction; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this article are in addition to such remedies.
Miss. Code Ann. § 69-29-13 — MS Code / Title 69 / Chapter 8 / Section 29-13
Miss. Code Ann. § 69-29-13
Status: in_force

The owner of any cattle or stock which shall be mortgaged shall, within thirty days, give notice to the mortgagee of the death, theft or estray of any animal included in the lien created by said mortgage, if the mortgagor has knowledge of the death, theft or estray, and any owner who shall fail to give such notice shall be guilty of a misdemeanor and shall upon conviction, be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) or be imprisoned in the county jail for not more than sixty (60) days, or both.
Miss. Code Ann. § 69-25-223 — MS Code / Title 69 / Chapter 8 / Section 25-223
Miss. Code Ann. § 69-25-223
Status: in_force

(1) The provisions of this article which provides authority to the Commissioner of Agriculture and Commerce and the Mississippi Department of Agriculture and Commerce to administer the provisions of the “Mississippi Hemp Cultivation Act,” shall be subject to legislative appropriation or receipt of necessary funding from any private or public entity for purposes of implementation.

(2) The provisions of this article shall not have any effect upon any programs administered by Mississippi State University, which shall remain exempt, as such programs related to the educational, research or testing functions performed by Mississippi State Chemical Laboratory, shall continue to function in accordance with the mission of the university, as approved by the Board of Trustees of State Institutions of Higher Learning.
Miss. Code Ann. § 69-17-105 — MS Code / Title 69 / Chapter 5 / Section 17-105
Miss. Code Ann. § 69-17-105
Status: in_force

Any sheriff, constable, police officer, highway patrolman, or special investigator authorized under the provisions of Section 69-29-1, Mississippi Code of 1972 , shall have the power to inspect the register of drugs dispensed required to be maintained by this article at a reasonable time during normal business hours of the dispenser or vendor thereof.
Miss. Code Ann. § 69-7-616 — MS Code / Title 69 / Chapter 1 / Section 7-616
Miss. Code Ann. § 69-7-616
Status: in_force

(1) When a complaint is made against a person for violation of any of the provisions of this article, or any of the rules or regulations promulgated hereunder, the Director of the Regulatory Division of the Mississippi Department of Agriculture and Commerce, or his designee, shall act as reviewing officer. The complaint shall be filed with the Mississippi Department of Agriculture and Commerce. The reviewing officer shall cause to be delivered to the accused, in the manner described herein, a copy of the complaint and any supporting documents along with a summons requiring the accused to respond to the allegations within thirty (30) days after service of the summons and complaint upon the accused. The accused shall file with the department a written response to the complaint and any supporting documents within the thirty-day period. The accused may be notified by serving a copy of the summons and complaint on the accused or any of his officers, agents or employees by personal service or by certified mail. Upon the expiration of the thirty-day period, the reviewing officer shall review the complaint, the written response of the accused, if any, and all supporting documents offered by the parties in support of their respective positions. The reviewing officer's decision shall be based solely on the documents provided by the parties. If the reviewing officer determines that the complaint lacks merit, he may dismiss the complaint. If he finds that there are reasonable grounds showing that a violation of the statutes or regulations has been committed, he may impose any or all of the following penalties upon the accused: (a) levy a civil penalty in the amount of no more than One Thousand Dollars ($1,000.00) for each violation; (b) issue a stop-sale order; (c) require the accused to relabel any fish that he is offering for sale and which is not labeled in accordance with the provisions of this article; or (d) seize any fish that is not in compliance with this article, and destroy, sell or otherwise dispose of the fish, and apply the proceeds of any such sale to the costs herein and any civil penalties levied, with the balance to be paid to the accused. The reviewing officer's decision shall be in writing, and it shall be delivered to the accused by any of the methods described herein for service of the summons and complaint on the accused.

(2) Either the accused or the department may appeal the decision of the reviewing officer to the Commissioner of Agriculture and Commerce by filing a notice of appeal with the department within thirty (30) days of receipt of the reviewing officer's decision. If no appeal is taken from the order of the reviewing officer within the allotted time, the order shall then become final. In the event of an appeal, the commissioner, or his designee, shall conduct a full evidentiary hearing relative to the charges. The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. Compliance with such subpoenas may be enforced by any court of general jurisdiction in this state. The testimony of witnesses shall be upon oath or affirmation, and they shall be subject to cross-examination. The proceedings shall be recorded by a court reporter. The commissioner shall have all the powers of the reviewing officer described herein, and the commissioner may affirm, reverse or modify the order of the reviewing officer. The commissioner's decision shall be in writing, and it shall be delivered to the parties in the same manner that the summons and complaint may be served upon the accused.

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

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

(5) Where any violation of this article, or the rules and regulations promulgated hereunder, occurs, or is about to occur, that presents a clear and present danger to the public health, safety or welfare requiring immediate action, any of the department's field inspectors and any other persons authorized by the commissioner, may issue an order to be effective immediately, before notice and a hearing, that imposes any or all of the penalties described herein against the accused. The order shall be served upon the accused in the same manner that the summons and complaint may be served upon him. The accused shall then have thirty (30) days after service of the order upon him within which to request an informal administrative review before the reviewing officer, or his designee, as described herein. The accused shall include within his request all documents that support his position. The department may also submit any documents that support its position. If the accused makes such a request within such time, the reviewing officer, or his designee, shall review the documents provided by the parties and render a written decision within thirty (30) days after such request is made. Upon the making of such a request, the procedure described herein shall be followed, except that there is no need for a complaint to be filed against the accused. If the accused does not request an administrative review within such time frame, then he shall have waived his right to an administrative review.
Miss. Code Ann. § 69-27-221 — MS Code / Title 69 / Chapter 3 / Section 27-221
Miss. Code Ann. § 69-27-221
Status: in_force

No bids for furnishing equipment under the provisions of this article may be considered or accepted by any county, unless said bid is the factory list price plus a reasonable delivery charge.
Miss. Code Ann. § 69-33-7 — MS Code / Title 69 / Chapter 3 / Section 33-7
Miss. Code Ann. § 69-33-7
Status: in_force

The provisions of this chapter shall not be construed to prohibit employees of the State Highway Department or the employees of a county or municipality from engaging in normal activities of maintenance on the rights-of-way of public roads, streets or highways. Nor shall the provisions of this chapter be construed to grant the owner of any pecan trees the right to harvest pecans from the rights-of-way of any interstate or other limited access highway.
Miss. Code Ann. § 69-47-11 — MS Code / Title 69 / Chapter 2 / Section 47-11
Miss. Code Ann. § 69-47-11
Status: in_force

If a certified farm, field or greenhouse unit is removed from organic management, it may be recertified after passage of three (3) years without the application of a prohibited pesticide and two (2) years without the application of a prohibited fertilizer or other prohibited material.
Miss. Code Ann. § 69-7-209 — MS Code / Title 69 / Chapter 2 / Section 7-209
Miss. Code Ann. § 69-7-209
Status: in_force

Any person feeling aggrieved with the decision of the commissioner of agriculture and commerce in refusing to grant a license hereunder shall have recourse by an appeal to the chancery court of Hinds County, Mississippi, by petition filed within thirty days from the date of final refusal to issue such license. The chancery court of Hinds County shall have and it is hereby given full jurisdiction of such appeal and it may enter any appropriate orders therein in term time or in vacation.
Miss. Code Ann. § 69-15-319 — MS Code / Title 69 / Chapter 1 / Section 15-319
Miss. Code Ann. § 69-15-319
Status: in_force

Quarantines and dipping notices for cattle, horses, jacks, jennets and mules, the owner or owners of which cannot be found, shall be served by posting copy of such notice in not less than three public places within the county in community where stock were found, one of which shall be placed at the county court house. Such posting shall be due and legal notice.
Miss. Code Ann. § 69-7-211 — MS Code / Title 69 / Chapter 1 / Section 7-211
Miss. Code Ann. § 69-7-211
Status: in_force

Should any person continue to operate such business without having complied with the provisions of this article, the commissioner of agriculture and commerce is authorized to file petition for an injunction in the chancery court of the district where the violator may reside, or in the district where the violation occurred. The chancery court shall have and it is hereby given full jurisdiction to hear and determine the petition and enter any and all appropriate orders in term time and in vacation.
Miss. Code Ann. § 69-13-203 — MS Code / Title 69 / Chapter 1 / Section 13-203
Miss. Code Ann. § 69-13-203
Status: in_force

It is the intent of this article to vest the boards of supervisors of the several counties of the state with broad discretion and power of determining the location and types of fences and cattlegaps on the highways referred to in Section 69-13-205 .
Miss. Code Ann. § 69-7-339 — MS Code / Title 69 / Chapter 1 / Section 7-339
Miss. Code Ann. § 69-7-339
Status: in_force

Every person, firm, corporation or organization who by himself or itself, or by his or its agents or employees violates any of the provisions of this article, or the regulations made under this article for carrying out its provisions, or who fails or refuses to comply with any of the requirements of this article, or who willfully interferes with the Commissioner of Agriculture and Commerce, his employees or agents in the carrying out of his duties prescribed in this article, shall for each offense be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding twenty-five dollars ($25.00) nor less than five dollars ($5.00) for the first offense, not exceeding fifty dollars ($50.00) nor less than twenty-five dollars ($25.00) for the second, nor exceeding two hundred dollars ($200.00) nor less than one hundred dollars ($100.00) for the third and all following offenses, and all costs for each and every offense.
Miss. Code Ann. § 69-7-115 — MS Code / Title 69 / Chapter 1 / Section 7-115
Miss. Code Ann. § 69-7-115
Status: in_force

The Department of Agriculture and Commerce is hereby authorized subject to the approval of the building commission to acquire by purchase, donation, lease or condemnation, and for and in the name of the State of Mississippi, a suitable site or sites, accessible to highways and railroads and air terminal facilities, and to erect and install thereon such structures, facilities, and equipment as may be necessary for the inspection, grading, standardization, classification, refrigeration, processing and marketing of such products (for both food and feed), within the amount appropriated for such purposes by the Legislature and subject to the approval of the building commission.
Miss. Code Ann. § 69-25-41 — MS Code / Title 69 / Chapter 10 / Section 25-41
Miss. Code Ann. § 69-25-41
Status: in_force

The Commissioner of Agriculture and Commerce or any of his inspectors or employees shall be a proper party in any court of equity to effectively carry out any of the provisions of this article when an injunction would be a proper remedy.
Miss. Code Ann. § 69-23-17 — MS Code / Title 69 / Chapter 5 / Section 23-17
Miss. Code Ann. § 69-23-17
Status: in_force

The commissioner is authorized and empowered to cooperate with, and enter into cooperative agreements with, any other agency of this state, the United States Government, or its agencies or any public or private agency for the purpose of carrying out the provisions of this chapter and FIFRA and securing uniformity of regulations.
Miss. Code Ann. § 69-3-17 — MS Code / Title 69 / Chapter 2 / Section 3-17
Miss. Code Ann. § 69-3-17
Status: in_force

(1) The duty of enforcing this article is vested in the commissioner. The commissioner may establish rules and regulations not inconsistent with this article, may employ such agents and persons, and may make use of other employees of the department as deemed necessary for enforcement of this article.

(2) This article and the regulations of the department are of statewide concern and occupy the whole field of regulation regarding the cultivation, harvesting, production, processing, registration, labeling, sale, storage, transportation, quarantine, distribution, notification of use, planting, or other use of seeds to the exclusion of all local regulations. Except as otherwise specifically provided in this article, no ordinance or regulation of any political subdivision may prohibit or regulate any matter relating to the registration, labeling, sale, storage, transportation, quarantine, distribution, notification of use, planting and use of seeds.
Miss. Code Ann. § 69-27-67 — MS Code / Title 69 / Chapter 3 / Section 27-67
Miss. Code Ann. § 69-27-67
Status: in_force

(1) The board of supervisors of any county is authorized and empowered, in its discretion, to make contributions to the various soil conservation districts either now or hereafter located entirely or partially within such county, under the provisions of this article, or elsewhere in the laws of this state.

(2) This section is intended to be cumulative and not to repeal or limit or abridge any laws in this state which provide for assistance to soil conservation districts.
Miss. Code Ann. § 69-53-3 — MS Code / Title 69 / Chapter 8 / Section 53-3
Miss. Code Ann. § 69-53-3
Status: in_force

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

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

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

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

(c) Intentionally injures the participant.

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

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

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

(4) Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.
Miss. Code Ann. § 69-15-203 — MS Code / Title 69 / Chapter 9 / Section 15-203
Miss. Code Ann. § 69-15-203
Status: in_force

The State Veterinarian is directed to detail a veterinarian to assist such counties as desire to undertake the control and eradication of tuberculosis among cattle and such assistance shall be given to the counties in the order in which request is made and to the extent that the funds of the board will permit.
Miss. Code Ann. § 69-15-321 — MS Code / Title 69 / Chapter 9 / Section 15-321
Miss. Code Ann. § 69-15-321
Status: in_force

Cattle, horses, jacks, jennets or mules infested with or exposed to the cattle tick (margaropus annulatus), in any county known to be partly or wholly infested with such tick, the owner or owners of which, after five days written notice from a livestock inspector, or such animals as are provided for under Section 69-15-319 , shall fail or refuse to dip such animals at a time and place designated in such notice and regularly every 14 days thereafter until released, in a vat properly charged with arsenical solution, under the supervision of a livestock inspector, said cattle, horses, jacks, jennets or mules shall be dipped, quarantined and placed in the custody of the sheriff, by the livestock inspector. Suitably fenced areas for holding such cattle while in the custody of the sheriff shall be provided by the board of supervisors.
Miss. Code Ann. § 69-29-3 — MS Code / Title 69 / Chapter 9 / Section 29-3
Miss. Code Ann. § 69-29-3
Status: in_force

If any person, knowingly, shall mark or brand any animal, the property of another, with a mark or brand calculated or intended to designate ownership not that of the owner, without the consent of the owner, or without authority of law, and with intent to deprive the owner of his property, he shall, on conviction thereof, be imprisoned, in the penitentiary not more than three years, or be fined in a sum not more than five hundred dollars, or imprisoned in the county jail for a period not longer than one year, or both.
Miss. Code Ann. § 69-37-27 — MS Code / Title 69 / Chapter 1 / Section 37-27
Miss. Code Ann. § 69-37-27
Status: in_force

The bureau, with the concurrence of the corporation, is authorized to designate by regulation one or more areas of this state as “suppression zones,” “pre-eradication zones” or “eradication zones” where the specified boll weevil management programs will be undertaken. The bureau, with the concurrence of the corporation, is authorized to promulgate reasonable regulations regarding areas where cotton cannot be planted within a specified management zone when there is reason to believe that growing cotton in those areas will jeopardize the success of the program or present a hazard to public health or safety. The bureau, with the concurrence of the corporation, is authorized to issue regulations prohibiting the planting of noncommercial cotton in the management zones and requiring that all growers of commercial cotton in these zones participate in the specified boll weevil management program and share equitably in the cost. The costs shall be determined by available scientific data on the basis of the level of boll weevil infestation and the anticipated costs of the program in the various regions and shall be approved via referendum by cotton growers within the affected area under procedures set forth in this chapter. Notice of the prohibition and requirement shall be given by publication for one (1) day each week for three (3) successive weeks in a newspaper having general circulation in the affected area. The bureau, with the concurrence of the corporation, is authorized to set by regulation a reasonable schedule of penalty fees to be assessed when growers in designated “management zones” do not meet the requirements of regulations issued by the bureau with respect to reporting of acreage and participation in cost-sharing as prescribed by regulation. The penalty fees shall not exceed a charge of One Hundred Dollars ($100.00) per acre. The cotton grower charged with those penalties has the right to appeal this decision to the corporation.
Miss. Code Ann. § 69-13-23 — MS Code / Title 69 / Chapter 9 / Section 13-23
Miss. Code Ann. § 69-13-23
Status: in_force

The party against whom judgment may be given in a case to enforce a lien pursuant to Section 69-13-21 may appeal to the circuit court as other cases.
Miss. Code Ann. § 69-27-361 — MS Code / Title 69 / Chapter 3 / Section 27-361
Miss. Code Ann. § 69-27-361
Status: in_force

Bonds issued under Sections 69-27-345 through 69-27-365 shall be legal investments for commercial banks, trust companies, savings and loan associations and insurance companies organized under the laws of this state.
Miss. Code Ann. § 69-3-22 — MS Code / Title 69 / Chapter 1 / Section 3-22
Miss. Code Ann. § 69-3-22
Status: in_force

(1) As a prerequisite to filing a cause of action in court against a seedsman, a consumer who is damaged by the failure of agricultural, vegetable, flower or forest tree seed to properly produce or perform, as represented by the label or labeling whether related to specific representations on the label, other information on the seed container or conditions attributed to the quality of the seed, shall make a sworn complaint against such seedsman alleging damages sustained. The complaint shall be accompanied by documentation from a recognized professional verifying that there is a connection between the seed and the performance or production problem. The complaint shall be filed with the department and the department shall send a copy of the complaint to the seedsman by certified mail, within such time as to permit inspection of the crops, plants or trees by the seed arbitration council or its representatives and by the seedsman from whom the seed was purchased.

(2) Language setting forth the requirement for filing and serving the complaint shall be legibly typed or printed on the seed packages or the analysis label attached to the package containing such seed at the time of purchase by the consumer as follows:

“NOTICE: As a prerequisite to maintaining a legal action based upon the failure of seed to which this label is attached to properly produce or perform, as represented by the label or labeling, a consumer shall file a sworn complaint with the Commissioner of Agriculture and Commerce within such time as to permit inspection of the crops, plants or trees.”

If language setting forth the requirement is not so placed on the seed package or analysis label, the filing and serving of a complaint under this section is not required.

(3) A filing fee of Two Hundred Fifty Dollars ($250.00) shall be paid to the department with each complaint filed. The fee shall be recovered from the dealer upon the recommendation of the arbitration council.

(4) Within fifteen (15) days after receipt of a copy of the complaint, the seedsman shall file with the department his answer to the complaint and serve a copy of the answer on the consumer by certified mail.

(5) The department shall refer the complaint and the answer to the council for investigation, findings and recommendations on the matters set out in the complaint. Upon receipt of the findings and recommendations of the council, the department shall transmit them to the consumer by certified mail.

(6) The consumer and seedsman shall give written notice to the department of the acceptance or rejection of the council's recommended terms of settlement within thirty (30) calendar days from the date the recommended terms of settlement are issued by the arbitration council.
Miss. Code Ann. § 69-11-7 — MS Code / Title 69 / Chapter 9 / Section 11-7
Miss. Code Ann. § 69-11-7
Status: in_force

The commissioner is hereby charged with the execution and enforcement of the provisions of this chapter and the state veterinarian shall have authority to exercise all of the powers vested in the commissioner in the enforcement of the provisions of this chapter and the rules and regulations promulgated hereunder.
Miss. Code Ann. § 69-21-121 — MS Code / Title 69 / Chapter 3 / Section 21-121
Miss. Code Ann. § 69-21-121
Status: in_force

Any person found by the department to have violated any of the provisions of this article, any rule, regulation or written order of the department or any condition or limitation of a license issued by the department shall be subject to disciplinary action. Disciplinary matters shall be conducted as administrative proceedings under Sections 69-25-51 through 69-25-63 . Any person found guilty of a violation shall be subject to the administrative or civil penalties as provided by Section 69-25-51 .
Miss. Code Ann. § 69-35-13 — MS Code / Title 69 / Chapter 3 / Section 35-13
Miss. Code Ann. § 69-35-13
Status: in_force

The arrangements for, management and supervision of any referendum conducted under the provisions of this act shall be under the direction of the state ADA in cooperation with the county extension agent of each county in the state, and any and all expenses in connection therewith shall be borne by the state ADA.
Miss. Code Ann. § 69-5-8 — MS Code / Title 69 / Chapter 1 / Section 5-8
Miss. Code Ann. § 69-5-8
Status: in_force

The building under the jurisdiction of the Department of Agriculture and Commerce, that is located in Jackson, Mississippi, and used primarily as an arena for rodeo and livestock expositions and related events, shall be named the Kirk Fordice Equine Center. The Department of Agriculture and Commerce shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the Kirk Fordice Equine Center, that states the background, accomplishments and service to the state of Governor Kirk Fordice.
Miss. Code Ann. § 69-33-3 — MS Code / Title 69 / Chapter 2 / Section 33-3
Miss. Code Ann. § 69-33-3
Status: in_force

When pecan trees are grown on private property and the branches of such trees extend over a public road, street or highway right-of-way, any pecans falling from any such pecan trees onto such public right-of-way shall be deemed the property of the owner of such pecan trees until the end of the harvesting season, and it shall be unlawful for any person, without the permission of the owner of such trees, to remove such pecans from any such public right-of-way during the harvesting season. It shall be unlawful for any person, without the permission of the owner of such trees, to pick or otherwise remove any pecans from the limbs or branches of pecan trees or to cause pecans to fall from such trees. Any person found to be in violation of this section shall be guilty of a misdemeanor, and upon conviction shall be fined an amount not exceeding One Hundred Dollars ($100.00) or be imprisoned for a period not to exceed thirty (30) days in jail, or both such fine and imprisonment.
Miss. Code Ann. § 69-7-401 — MS Code / Title 69 / Chapter 2 / Section 7-401
Miss. Code Ann. § 69-7-401
Status: in_force

A committee is hereby created to consist of seven members, four of whom shall be producers of vegetables and three of whom shall be handlers of vegetables, to be nominated and appointed as herein provided, from the following described districts:

(a) District No. 1 shall be composed of Beat No. 5 of Copiah County and all of Simpson County and shall be represented by two producers and one handler.

(b) District No. 2 shall be composed of Beats No. 1, No. 2 and No. 3 of Copiah County and all of the counties of Jefferson, Lincoln and Lawrence, and shall be represented by one producer and one handler.

(c) District No. 3 shall be composed of Beat No. 4 of Copiah County and all of the counties of Hinds, Rankin and Claiborne, and shall be represented by one producer and one handler.

On or before March fifteenth of each year, the committee then serving shall call meetings and select a committee as herein authorized, the members of which shall serve for a period of one year beginning April first of each year, or until their successors have been appointed. A vacancy from any cause shall be filled in the same manner. Members shall serve without compensation.
Miss. Code Ann. § 69-23-23 — MS Code / Title 69 / Chapter 3 / Section 23-23
Miss. Code Ann. § 69-23-23
Status: in_force

(1) Any nonresident individual, partnership, association, firm, or corporation desiring to distribute, sell, or offer for sale within this state any product described in this chapter, and any such nonresident who may be subject otherwise to the provisions of such chapter, shall file a written power of attorney designating the Secretary of State as the agent of such nonresident upon whom service of process may be had in the event of any suit against said nonresident individual, partnership, firm, association, or corporation; and such power of attorney shall be so prepared in such form as to render effective the jurisdiction of the courts of Mississippi over such nonresident applicants and make such applicants amenable to the jurisdiction of the courts of this state. Provided, however, that any such nonresident who has a duly appointed resident agent upon whom process may be served as provided by law shall not be required to designate the Secretary of State as such agent. The Secretary of State shall be allowed such fees therefor as provided by law for designating resident agents. The commissioner shall be furnished with a copy of such designation of the Secretary of State or of a resident agent, such copy to be duly certified by the Secretary of State.

(2) The commissioner may also require such nonresident subject to the provisions of this chapter to furnish to him a fidelity bond or other security satisfactory to him and conditioned that the principal therein named shall pay for any and all damages suffered by any person by reason of the negligence of the principal or his or its agents in the conduct of said business and shall honestly conduct said business and as otherwise conditioned by said commissioner, provided that in no case shall a bond or other security less than Ten Thousand Dollars ($10,000.00) be required. A copy of said bond duly certified by the commissioner shall be received as evidence in all courts of this state without further proof. Any person having a right of action against such person, firm, association or corporation may bring suit against the principal and sureties on such bond. Should the surety furnished become unsatisfactory, said applicant shall execute a new bond and should he fail to do so, it shall be the duty of the commissioner to cancel his license and give him notice of said fact, and it shall be unlawful thereafter for such person to engage in said business without obtaining a new license.
Miss. Code Ann. § 69-39-1 — MS Code / Title 69 / Chapter 5 / Section 39-1
Miss. Code Ann. § 69-39-1
Status: in_force

This chapter shall be known and may be cited as “The Mississippi Agricultural Liming Materials Act of 1993.” This chapter shall be administered by the Commissioner of Agriculture and Commerce of the State of Mississippi herein referred to as the “commissioner.”
Miss. Code Ann. § 69-7-267 — MS Code / Title 69 / Chapter 1 / Section 7-267
Miss. Code Ann. § 69-7-267
Status: in_force

Every person owning over three thousand (3,000) hens, or who is engaged or who engages in the business of selling eggs to a retailer who retails eggs in the State of Mississippi shall prior to offering for sale or selling eggs to a retailer, secure a license for such business from the Commissioner of Agriculture and Commerce, which license shall first be approved by the board. Applications for licenses shall be on forms furnished by the Department of Agriculture and Commerce, and shall show the name and address of the applicant and such other information as to identity, kind and type of business engaged in as the commissioner shall deem pertinent. Each license application shall be accompanied by a fee of Fifty Dollars ($50.00). All licenses issued shall expire on June 30 each year. The license may be revoked or suspended by the board for violation of any provision of this article or rules and regulations duly promulgated by the board for the enforcement of this article, or for the violation of any laws of the State of Mississippi pertaining to producing, grading, classifying or marketing eggs in Mississippi or regulations of the State Department of Agriculture and Commerce duly promulgated for such purposes. For the first offense, the license may be suspended for a period of not more than thirty (30) days; for the second offense, the license may be suspended for not more than sixty (60) days; for the third offense, the license may be suspended for not more than one (1) year. For any subsequent offense, the license may be suspended for any period, or may be revoked. Such disciplinary action shall be the result of not less than board action. Any person against whom such disciplinary action has been taken may apply to the board for a hearing in order to show cause why the disciplinary action shall not be taken. Such petition for a hearing shall act as supersedeas of the disciplinary action until such time as the board shall give the applicant an opportunity for a hearing; provided, however, that if such hearing is granted and any continuation or delay is the result of the action of the applicant, the supersedeas shall not continue past the date set by the board for such hearing.

Application for reinstatement of a revoked license may be made upon expiration of the period of revocation or if permanently revoked, then after twelve (12) months from date of said revocation. Each reinstatement application shall be accompanied by a reinstatement fee of Fifty Dollars ($50.00). All licenses shall be valid until suspended or revoked as herein provided or until cancelled by the licensee. Licenses shall not be transferable. Proceeds from the license fees collected under this article shall be transmitted to the State Treasurer for credit to the special fund as provided for elsewhere in this article.
Miss. Code Ann. § 69-23-131 — MS Code / Title 69 / Chapter 9 / Section 23-131
Miss. Code Ann. § 69-23-131
Status: in_force

(1) Regulations may be promulgated by the commissioner after passage.

(2) Training, examination and certification of applicators may begin after passage in order for applicants to be certified by October 21, 1976.

(3) The requirement that applicators be certified in order to use or supervise the use of restricted use pesticides shall not be effective until October 21, 1976, or at a later date if permitted by EPA.
Miss. Code Ann. § 69-21-109 — MS Code / Title 69 / Chapter 2 / Section 21-109
Miss. Code Ann. § 69-21-109
Status: in_force

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

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

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

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

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

(6) The department may cooperate with or enter into formal cooperative agreements with any public or private agency or educational institution of this state or any other state or federal agency for the purpose of carrying out the provisions of this article.
Miss. Code Ann. § 69-23-9 — MS Code / Title 69 / Chapter 2 / Section 23-9
Miss. Code Ann. § 69-23-9
Status: in_force

(1) The commissioner is authorized:

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

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

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

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

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

(4) No action taken by the commissioner under this section shall be effective unless and until such action is approved by the advisory board created under Section 69-25-3, Mississippi Code of 1972 .
Miss. Code Ann. § 69-9-5 — MS Code / Title 69 / Chapter 8 / Section 9-5
Miss. Code Ann. § 69-9-5
Status: in_force

(1) There is imposed and levied an assessment at the rate of One Cent (1¢) per bushel on all soybeans grown within the State of Mississippi, and such assessment shall be deducted by the purchaser from the amount paid the producer at the first point of sale, whether within or without the state. Assessments on soybeans put under loan to the Commodity Credit Corporation or purchased by the Commodity Credit Corporation and delivered to it shall be payable when such soybeans are placed under loan or are purchased. The Commodity Credit Corporation may require deduction and payment of the assessment from the loan proceeds or from the purchase price on the behalf of the producer. Assessments on soybeans put under loan to the Commodity Credit Corporation and redeemed by the producer before the takeover date, if already paid by having been deducted from the loan proceeds, shall not be deducted by each handler from the amount paid the producer at the first point of sale as provided in this section; otherwise, the assessment shall be deducted. Any soybean producer may request and receive a refund of the amount of assessment deducted from the sale of his soybeans provided he makes a written application with the Department of Agriculture and Commerce within sixty (60) days from date of sale, supported by bona fide copies of sales slips signed by the purchaser. The application forms shall be prepared by the Department of Agriculture and Commerce and shall be available at the first point of sale. All such applications shall be processed and refunds paid by the Department of Agriculture and Commerce within sixty (60) days after the funds have been received by the department. Each marketing agency shall be furnished a poster to be displayed in a prominent place, stating that refunds are available and forms to be used, including self-addressed envelopes, are available at its office.

(2) The assessment imposed and levied by this section shall be payable to and collected by the Department of Agriculture and Commerce, hereafter referred to as “the department,” from the purchaser of such soybeans at the first point of sale or from the Commodity Credit Corporation as provided in subsection (1) of this section. The proceeds of the assessment collected by the department shall be deposited with the State Treasurer in a special fund, known as the “ Mississippi Soybean Promotion Fund ,” and promptly remitted to the Mississippi State University Foundation under the terms and conditions as the Soybean Promotion Board deems necessary to ensure that the assessments are used properly in carrying out the purposes of this chapter. The State Fiscal Officer is authorized to issue warrants for the payment of monies from the Mississippi Soybean Promotion Fund upon requisition by the Commissioner of Agriculture and Commerce, or his designee, for refunds to producers as provided under subsection (1) of this section.

(3) The department shall pay over to the Mississippi Soybean Promotion Fund the funds collected, less three and one-half percent (3- 1 / 2 %) of the gross amount collected. The payments to the Mississippi Soybean Promotion Board shall be accompanied by a complete report of all funds collected and disbursed.

(4) Each purchaser or the Commodity Credit Corporation shall keep a complete and accurate record of all soybeans handled by him and shall furnish each producer with a signed sales slip showing the number of bushels purchased from him and the amount deducted by him for the Mississippi Soybean Promotion Fund. Such records shall be in such form and contain such other information as the department shall by rule or regulation prescribe. The records shall be preserved by the purchaser for a period of two (2) years and shall be offered for inspection at any time upon oral or written demand by the department or any duly authorized agent or representative thereof. Every purchaser or the Commodity Credit Corporation, at such time or times as the department may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed in this chapter. The department shall have the power to cause any duly authorized agent or representative to enter upon the premises of any purchaser of soybeans and examine or cause to be examined by such agent only books, papers and records which deal in any way with the payment of the assessment or enforcement of the provisions of this chapter.
Miss. Code Ann. § 69-15-317 — MS Code / Title 69 / Chapter 9 / Section 15-317
Miss. Code Ann. § 69-15-317
Status: in_force

Any person, or persons, firms or corporations, owning or having in charge any cattle, horses, jacks, jennets or mules in any county where tick eradication shall be taken up, or is in progress under existing laws, shall, on notification by any livestock inspector to do so, have such cattle, horses, jacks, jennets or mules dipped regularly every 14 days in a vat properly charged with arsenical solution, as recommended by the United States Bureau of Animal Industry under the supervision of said inspector, at such time and places and in such manner as may be designated by the livestock inspector. All animals dipped shall be marked for identification. The dipping period shall be continued as long as may be required by the rules and regulations of the State Board of Animal Health, which shall be sufficient in number and length of time to completely destroy and eradicate all cattle ticks (margaropus annulatus) in such county or counties.
Miss. Code Ann. § 69-27-1 — MS Code / Title 69 / Chapter 5 / Section 27-1
Miss. Code Ann. § 69-27-1
Status: in_force

This article may be known and cited as the Soil and Water Conservation District Law.
Miss. Code Ann. § 69-44-7 — MS Code / Title 69 / Chapter 8 / Section 44-7
Miss. Code Ann. § 69-44-7
Status: in_force

(1) Any purchaser who fails to file a report or to pay any assessment within the time required by the department shall forfeit to the department a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) of the amount for each month of delay or fraction thereof after the first month after the report was required to be filed or the assessment became due. The penalty shall be paid to the department and shall be disposed of by it in the same manner as funds derived from the payment of the assessment imposed herein.

(2) The department shall collect the penalties levied herein, together with the delinquent assessment, by any or all of the following methods:

(a) By voluntary payment by the person liable.

(b) By legal proceedings instituted in a court of competent jurisdiction.

(3) Any person required to pay the assessment provided for in this chapter who fails to remit same or who refuses to allow full inspection of the premises, or the books, records or other documents relating to the liability of the person for the assessment herein imposed, or who shall hinder or in any way delay or prevent the inspection, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not to exceed one (1) year, or both.

(4) The provisions of this chapter shall not apply to any person who purchases one thousand (1,000) or fewer bushels of corn in any calendar year, provided he is not regularly engaged in the purchase of corn.
Miss. Code Ann. § 69-13-207 — MS Code / Title 69 / Chapter 9 / Section 13-207
Miss. Code Ann. § 69-13-207
Status: in_force

The boards of supervisors in said counties are hereby authorized and empowered in their discretion to levy a tax on the taxable property in said counties lying outside municipalities not exceeding two mills per annum thereon for the purpose of paying the cost of construction and maintenance of such fences and cattlegaps. In order to raise additional revenue for the purpose of paying the cost of construction and maintaining such fences and cattlegaps, the board of supervisors in those counties which have heretofore elected not to come under the statewide livestock law may in their discretion levy a tax against the owners of cattle permitted to roam at large in the amount of twenty-five cents (25¢) per head for cattle located in the respective counties in which an election has carried.
Miss. Code Ann. § 69-15-301 — MS Code / Title 69 / Chapter 3 / Section 15-301
Miss. Code Ann. § 69-15-301
Status: in_force

(1) The work of tick eradication shall be prosecuted by the Board of Animal Health under the following provisions: The State Veterinarian, with the approval and consent of the board, shall hire an assistant executive officer for tick eradication who shall receive a salary of not exceeding Four Thousand Dollars ($4,000.00) per annum to be fixed by the board, who shall be duly qualified for the work and of recognized ability and experience in tick eradication and who shall have full authority and jurisdiction, subject to the rules and regulations of the Board of Animal Health in the matter, direction and administration of the work of eradication of the Texas and splenic fever and the fever-carrying tick, in the State of Mississippi, until such time as in the judgment of the board it is necessary for the prosecution to a successful conclusion of the campaign of eradicating said ticks and tick fever.

(2) The assistant executive officer shall have for the purpose of eradication of the Texas and splenic fever or fever-carrying tick, all the powers, authority and jurisdiction now conferred by law upon the Executive Officer of the Board of Animal Health, upon the conditions and limitations set forth in this section.

(3) The assistant executive officer shall employ such inspectors and range riders and other employees as may be deemed necessary by the Board of Animal Health for the successful prosecution of the work of eradication of the Texas and splenic fever and fever-carrying tick, the compensation of such inspectors, range riders, and other employees to be fixed by the board and paid out of any appropriation made to the board for tick eradication.
Miss. Code Ann. § 69-27-307 — MS Code / Title 69 / Chapter 3 / Section 27-307
Miss. Code Ann. § 69-27-307
Status: in_force

The commission shall adopt and promulgate such rules and regulations as necessary for the implementation of the Mississippi Soil and Water Cost-Share Program. The commission is authorized to conduct public hearings or otherwise seek the advice, counsel and recommendations of interested owners, associations, industrialists or other persons or groups. Adequate notice of any public hearing must be provided within the general area of the site of the hearing. The commission shall publish such rules and regulations and shall make the same available upon request.
Miss. Code Ann. § 69-9-3 — MS Code / Title 69 / Chapter 1 / Section 9-3
Miss. Code Ann. § 69-9-3
Status: in_force

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

(2) The members of the board shall meet and organize immediately after their appointment, and shall elect a chairman, vice-chairman and secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by such officers or specifically designated by the board. The chairman, vice-chairman and secretary-treasurer shall be bonded in an amount not less than twenty thousand dollars ($20,000.00). The cost of said bonds shall be paid from the funds received under the provisions of this chapter. Such bond shall be a security for any illegal act of such member of the board and recovery thereon may be had by the state for any injury by such illegal act of such member. The board may establish rules and regulations for its own government and the administration of the affairs of the board.
Miss. Code Ann. § 69-1-48 — MS Code / Title 69 / Chapter 1 / Section 1-48
Miss. Code Ann. § 69-1-48
Status: in_force

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

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

(b) “ Museum ” means the Mississippi Agriculture and Forestry Museum located at 1150 Lakeland Drive, Jackson, Mississippi, 39216.

(2) The department may accept, budget, receive and expend funds from any source for improvements to the museum and for marketing and promotion programs for events at the museum for purposes as otherwise appropriated by the Legislature. The expenditure of funds under this section shall be subject to appropriation by the Legislature.

(3)(a) The department may allow a federal, state or local governmental entity, or a public, private, commercial or charitable entity to use, publish or advertise the entity's name on department property and in its publications. Furthermore, subject to approval by the Department of Finance and Administration, the commissioner may lease to any public, private, commercial or charitable entity for a term not to exceed twenty (20) years naming rights for museum buildings or property, including, but not limited to, new construction, improvements to existing buildings, grounds and/or objects located on museum property in return for consideration benefitting the department. The lessee shall pay the cost of erecting, maintaining and removing signage related to the property.

(b) Any funds received from the advertising or lease of naming rights shall be retained by the department and expended for improvements to the museum upon appropriation by the Legislature and for marketing and promotion programs for events at the museum, upon appropriation by the Legislature and for purposes as otherwise appropriated by the Legislature.

(4)(a) There is established in the State Treasury a special fund for the department for the monies collected under this section.

(b) Unexpended monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund. The department shall not expend any monies from the fund without appropriation by the Legislature.

(5)(a) The department shall make reasonable attempts to notify the donor of any donated property or artifacts determined to be obsolete to allow such donor to retake possession of such item. If efforts to notify the donor prove unsuccessful, then the department may dispose of, auction or sell any property or artifact in the possession of the museum if the department determines that it is obsolete, no longer of value or use to the museum or unclaimed by the donor.

(b) All funds received on behalf of the museum, shall be transferred into the enterprise funds related to the museum. The enterprise funds shall be maintained in accordance with generally accepted accounting principles and regulations prescribed by the Department of Finance and Administration. The department shall not expend any funds from the enterprise funds without appropriation by the Legislature.

(c) Subject to appropriation by the Legislature, the department may expend these funds for improvements to the museum and for marketing and promotion programs for the museum in a manner consistent with the museum's historical purpose.
Miss. Code Ann. § 69-7-205 — MS Code / Title 69 / Chapter 1 / Section 7-205
Miss. Code Ann. § 69-7-205
Status: in_force

The commissioner of agriculture and commerce is hereby authorized, empowered and directed to promulgate proper rules and regulations for the issuance of the license and for the renewal thereof, and for the preparation of the proper forms to be used, and the commissioner shall, to the best of his ability, inquire into the financial responsibility of every applicant for license and shall diligently endeavor to determine such applicants' business reputation. Should the investigation made by the commissioner indicate insolvency of the applicant and such applicant is unable to establish the proof of his financial responsibility by furnishing proper credit references and financial statements, he may furnish to the commissioner copies of any contracts he may have with other allied and related businesses that would justify the commissioner in issuing the license. Otherwise, the commissioner shall not issue the license to any person who cannot reasonably establish his financial responsibility to carry out any contract he may propose to enter into.
Miss. Code Ann. § 69-35-21 — MS Code / Title 69 / Chapter 9 / Section 35-21
Miss. Code Ann. § 69-35-21
Status: in_force

The hours, voting places, rules and regulations of the milk and dairy products, said referendum date, hours, voting places, rules and regulations with respect to the holding of such referendum shall be published by the state ADA and extension service through the medium of the public press in the state at least thirty (30) days before the holding of such referendum, and direct written notice thereof shall likewise be given to all dairy-related organizations within the state and to each county extension agent and shall likewise state the method by which such assessment shall be collected and how the proceeds thereof shall be administered and the purposes to which the same shall be applied, which purposes shall be in keeping with the provisions of this act.
Miss. Code Ann. § 69-13-113 — MS Code / Title 69 / Chapter 1 / Section 13-113
Miss. Code Ann. § 69-13-113
Status: in_force

Neither the state nor any county shall be liable for any injury which may occur to livestock which is picked up and removed from the highways and highway right-of-ways and impounded, or which may be sold under the provisions of this article.
Miss. Code Ann. § 69-27-61 — MS Code / Title 69 / Chapter 2 / Section 27-61
Miss. Code Ann. § 69-27-61
Status: in_force

The State Soil and Water Conservation Committee shall determine from each existing soil and water conservation district from which territory may be withdrawn in the adjustment of boundaries, or revision of a district, the value of cash or bonds on hand, and shall also make an appraisal of the cash value of the equipment, land, or other property of these affected districts, on hand as of the date of issuance of the certificate of organization by the Secretary of State to the revised district, and shall divide the liquid assets on the basis of the proportion of territory withdrawn from the existing district to the total territory in the existing district, make equitable distribution of the equipment, and partition any real property. The decision of the State Soil and Water Conservation Committee in this division of assets shall be final.
Miss. Code Ann. § 69-27-345 — MS Code / Title 69 / Chapter 2 / Section 27-345
Miss. Code Ann. § 69-27-345
Status: in_force

The State Soil and Water Conservation Commission is authorized, at one time or from time to time, to declare by resolution the necessity for issuance of negotiable general obligation bonds of the State of Mississippi to provide funds for the revolving fund established in Section 69-27-343 . Upon the adoption of a resolution by the commission, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by Sections 69-27-345 through 69-27-365 , the commission shall deliver a certified copy of its resolution or resolutions to the State Bond Commission. Upon receipt of same, the State Bond Commission, in its discretion, shall act as the issuing agent, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The amount of bonds issued under Sections 69-27-345 through 69-27-365 shall not exceed Five Hundred Thousand Dollars ($500,000.00) in the aggregate.
Miss. Code Ann. § 69-10-7 — MS Code / Title 69 / Chapter 1 / Section 10-7
Miss. Code Ann. § 69-10-7
Status: in_force

(1) Any purchaser who fails to file a report or to pay any assessment within the time required by the department shall forfeit to the department a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) of such amount for each month of delay or fraction thereof after the first month after such report was required to be filed or such assessment became due. The penalty shall be paid to the department and shall be disposed of by it in the same manner as funds derived from the payment of the assessment imposed herein.

(2) The department shall collect the penalties levied herein, together with the delinquent assessment, by any or all of the following methods:

(a) By voluntary payment by the person liable.

(b) By legal proceedings instituted in a court of competent jurisdiction.

(3) Any person required to collect the assessment provided for in this chapter who fails to remit same or who refuses to allow full inspection of the premises, or such books, records or other documents relating to the liability of such person for the assessment herein imposed, or who shall hinder or in any way delay or prevent such inspection, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not to exceed one (1) year, or both.

(4) The provisions of this chapter shall not apply to any person who purchases one thousand (1,000) or less bushels of rice in any calendar year, provided he is not regularly engaged in the purchase of rice.
Miss. Code Ann. § 69-7-701 — MS Code / Title 69 / Chapter 2 / Section 7-701
Miss. Code Ann. § 69-7-701
Status: in_force

(1) For purposes of this section, the following terms shall have the meaning ascribed herein unless the context otherwise requires:

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

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

(2) When making a weight determination of farm-raised catfish, the processor shall weigh the catfish as they are unloaded from the live haul truck and shall drain any water from the weighing baskets before the catfish are weighed. No deductions shall be made thereafter for water in the weighing baskets. The processor shall also use a weighing device that is of a type suitable for the weighing of farm-raised catfish and subject to the provisions of Section 75-27-19, Mississippi Code of 1972 .

(3) Such weighing device shall electronically print a ticket which provides an exact duplicate of the weight indicated. A copy of this ticket shall be furnished to the owner of the catfish. Such ticket shall also include, but is not limited to, the following:

(a) The name and address of the processor;

(b) The name of the owner of the catfish being weighed;

(c) The date the catfish is weighed;

(d) The signature of the individual who weighs the farm-raised catfish recorded on the weight ticket;

(e) The device should print zero (0) before each weighing; and

(f) Such additional information as the Commissioner of Agriculture and Commerce deems necessary for the lawful and accurate recording of the weight of farm-raised catfish.

(4) Deductions for trash fish, turtles and other foreign materials shall be determined by a separate electronic weighing of the same with a printed ticket provided to the producer.
Miss. Code Ann. § 69-27-367 — MS Code / Title 69 / Chapter 1 / Section 27-367
Miss. Code Ann. § 69-27-367
Status: in_force

If for any reason any section, paragraph, provision, clause or part of Sections 69-27-345 through 69-27-365 shall be held unconstitutional or invalid, that section shall not affect or invalidate any other section, paragraph, provision, clause or part of sections 69-27-331 through 69-27-367 not in and of itself invalid, but the remaining portions thereof shall be in force without regard to that so invalidated.
Miss. Code Ann. § 69-27-21 — MS Code / Title 69 / Chapter 1 / Section 27-21
Miss. Code Ann. § 69-27-21
Status: in_force

The committee shall publish the results of a referendum held pursuant to the provisions of this article and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the committee shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the committee shall determine that the operation of such district is administratively practicable and feasible, it shall record such determination and shall proceed with the organization of the district in the manner hereinafter provided. In making such determination the committee shall give due regard and weight to the attitude of the owners and operators of lands lying within the defined boundaries, the number of landowners eligible to vote in such referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the landowners of the proposed district, the probable expenses of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in Section 69-27-3 , but the committee shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district. In the event a majority of the votes cast in the referendum shall not have been cast in favor of the creation of such district, then in no event shall any of the expenses incident to the conduct of the referendum, investigation or other proceedings had in connection therewith be assessed against any party other than such parties as signed the original petition.
Miss. Code Ann. § 69-25-103 — MS Code / Title 69 / Chapter 2 / Section 25-103
Miss. Code Ann. § 69-25-103
Status: in_force

The Mississippi Department of Agriculture and Commerce shall have full and plenary power to deal with Africanized honey bees (Apris mellifera scutellata) and with American and European foul brood, and all other contagious or infectious diseases and parasites of honey bees which, in its opinion, may be prevented, controlled or eradicated; and shall have full power and is hereby authorized to make, promulgate and enforce such rules, ordinances and regulations and to perform such acts, through its agents or otherwise, as in its judgment may be necessary to control, eradicate or prevent the introduction, spread or dissemination of Africanized honey bees and all contagious diseases of honey bees and parasites as far as may be possible and all such rules, ordinances and regulations of said department shall have the force and effect of law.
Miss. Code Ann. § 69-45-7 — MS Code / Title 69 / Chapter 3 / Section 45-7
Miss. Code Ann. § 69-45-7
Status: in_force

The department, in its discretion, may establish a program of grants, loans and subsidies to be matched by agricultural entities in the state to finance and promote agricultural economic development.
Miss. Code Ann. § 69-45-13 — MS Code / Title 69 / Chapter 9 / Section 45-13
Miss. Code Ann. § 69-45-13
Status: in_force

There is created a special fund to be designated as the “Mississippi Agricultural Promotions Fund” within the State Treasury to receive all monies related to the Mississippi Agricultural Promotions Program. Monies deposited in the fund shall be expended, upon legislative appropriations, and upon requisition therefor by the Commissioner of Agriculture, for the purposes of implementing, marketing and promoting the Mississippi Agricultural Promotions Program. Unexpended amounts remaining in the fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.
Miss. Code Ann. § 69-11-5 — MS Code / Title 69 / Chapter 1 / Section 11-5
Miss. Code Ann. § 69-11-5
Status: in_force

(1) It shall be unlawful for any person, municipality, county, political subdivision, governmental agency or department, institution, individual, partnership, corporation, association, other entity or organization to feed garbage to swine, except as permitted under subsection (2) of this section.

(2) This chapter shall not apply to any person who feeds only household garbage to swine for household consumption only.

(3) This chapter shall not apply to the Mississippi Department of Corrections. The department is authorized to feed to swine cooked garbage and vegetable refuse. The Mississippi Department of Corrections shall follow applicable state rules, regulations and guidelines that are equal to or exceed federal rules and regulations for cooking and feeding cooked garbage to swine. The Mississippi Department of Corrections may market and use for consumption swine that has been fed garbage.
Miss. Code Ann. § 69-13-209 — MS Code / Title 69 / Chapter 9 / Section 13-209
Miss. Code Ann. § 69-13-209
Status: in_force

Before said board of supervisors is authorized to levy the aforesaid tax or erect such fences, it shall first be necessary that an election be held in each of such counties in accordance with the laws governing general election so far as possible to determine by majority vote of those voting in such election whether such tax shall be levied or such fences erected. And in said election only those electors outside the corporate limits of municipalities shall be eligible to vote. In the event the election is carried, such boards are authorized to construct such fences by use of convict labor, the funds derived from such tax, and with such aid as may be donated or contributed in material, labor or funds toward the erection of said fences and cattlegaps. In the event that the tax be not authorized at such election the board may nevertheless, in their discretion, erect such fences and cattlegaps by use of convict labor and such donations of labor, funds or materials as may be available, but shall not use public funds therefor.

In addition thereto, the counties bordering on the Gulf of Mexico now authorized by law to levy and collect a sea wall tax under Section 65-33-47, Mississippi Code of 1972 , may use such proceeds of this tax as required to construct and maintain said fences and cattlegaps, but not to exceed one-half ( 1 / 2 ) mill of said sea wall tax.
Miss. Code Ann. § 69-37-7 — MS Code / Title 69 / Chapter 2 / Section 37-7
Miss. Code Ann. § 69-37-7
Status: in_force

The commissioner, with the approval of the corporation, is authorized to carry out programs to suppress or eradicate the boll weevil in this state through suppression, pre-eradication, post-eradication, or containment/maintenance programs. The commissioner is authorized to cooperate with any agency of any state or the federal government, any other agency in this state, any person engaged in growing, processing, marketing, or handling cotton, or any group of those persons in this state in programs to effectuate the purposes of this chapter and may enter into written agreements to effectuate those purposes. The agreements may provide for cost sharing and for division of duties and responsibilities under this chapter and may include other provisions generally to effectuate the purposes of this chapter.
Miss. Code Ann. § 69-27-21 — MS Code / Title 69 / Chapter 2 / Section 27-21
Miss. Code Ann. § 69-27-21
Status: in_force

The committee shall publish the results of a referendum held pursuant to the provisions of this article and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the committee shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the committee shall determine that the operation of such district is administratively practicable and feasible, it shall record such determination and shall proceed with the organization of the district in the manner hereinafter provided. In making such determination the committee shall give due regard and weight to the attitude of the owners and operators of lands lying within the defined boundaries, the number of landowners eligible to vote in such referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the landowners of the proposed district, the probable expenses of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in Section 69-27-3 , but the committee shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district. In the event a majority of the votes cast in the referendum shall not have been cast in favor of the creation of such district, then in no event shall any of the expenses incident to the conduct of the referendum, investigation or other proceedings had in connection therewith be assessed against any party other than such parties as signed the original petition.
Miss. Code Ann. § 69-25-35 — MS Code / Title 69 / Chapter 2 / Section 25-35
Miss. Code Ann. § 69-25-35
Status: in_force

For the purpose of carrying out the provisions and requirements of this article, and of the rules and regulations made, and notices given, pursuant thereto, the Commissioner of Agriculture and Commerce and his inspectors and employees shall have power to enter in or upon any place, and to open any bundle, package or other container containing or thought to contain plants or plant products.
Miss. Code Ann. § 69-25-203 — MS Code / Title 69 / Chapter 2 / Section 25-203
Miss. Code Ann. § 69-25-203
Status: in_force

For purposes of this article, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise:

(a) “ Bureau of Plant Industry ” means a division of the Mississippi Department of Agriculture and Commerce created under the provision of Section 69-25-3 .

(b) “ Business entity ” means a nonnatural person and includes nonprofit and for profit corporations, partnerships, limited liability corporations, and other legal entities recognized by law.

(c) “ Commissioner ” means the Commissioner of Agriculture and Commerce of the State of Mississippi. Where applicable under the provisions of this article, “commissioner” shall include the commissioner's designee.

(d) “ Delta-9-tetrahydrocannabinol ” means the sum of the percentage by weight of tetrahydrocannabinol acid multiplied by eight hundred seventy-seven thousandths (0.877) plus the percentage by weight of delta-9-tetrahydrocannabinol.

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

(f) “ Grower ” means a person, business entity, joint venture or cooperative that cultivates, grows or harvests hemp.

(g) “ Hemp ” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol (THC) concentration of not more than three-tenths percent (0.3%) on a dry weight basis that is grown or processed under this article.

(h) “ Legal description of land ” means Global Position System coordinates and shall also include the metes and bounds to include township, range, and section for the location in which hemp is grown.

(i) “ Person ” means any person, firm, association, corporation or business entity.

(j) “ Processor ” means a person, business entity, joint venture or cooperative that receives hemp for processing into commodities, products or hemp seed. A processor also includes any such entity that brokers and/or stores hemp.

(k) “ State plan ” means the plan contemplated by 7 C.F.R. Part 990 Subpart B that a state must file for approval with the United States Secretary of Agriculture.

(l) “ USDA ” means the United States Department of Agriculture.
Miss. Code Ann. § 69-27-14 — MS Code / Title 69 / Chapter 8 / Section 27-14
Miss. Code Ann. § 69-27-14
Status: in_force

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

(2) The Wildflower Revolving Fund shall be funded by monies received from the sale of seeds to the local conservation districts or other governmental entities. Monies collected from the sales shall be deposited into the Wildflower Revolving Fund. The State Treasurer shall make disbursements for payment of purchase of wildflower seeds upon requisition by the Soil and Water Conservation Commission and upon the issuance of warrants by the Department of Finance and Administration.
Miss. Code Ann. § 69-45-9 — MS Code / Title 69 / Chapter 5 / Section 45-9
Miss. Code Ann. § 69-45-9
Status: in_force

(1) The purpose of this chapter is to authorize the division to establish and coordinate the Mississippi Agricultural Promotions Program. The duties of the division shall include, but are not limited to:

(a) Developing a logo and authorizing the use of that logo;

(b) Developing a program for loans, grants and subsidies;

(c) Registering participants;

(d) Requesting and collecting reimbursements from program participants;

(e) Promoting and advertising Mississippi and its agricultural products through the purchase of promotional items;

(f) Developing in-kind advertising programs and promotional materials; and

(g) Contracting with media representatives for the purpose of dispersing promotional materials.

(2) The commissioner shall promulgate rules necessary to implement the provisions of this chapter.
Miss. Code Ann. § 69-25-19 — MS Code / Title 69 / Chapter 2 / Section 25-19
Miss. Code Ann. § 69-25-19
Status: in_force

It shall be unlawful for any person to sell, give away, carry, ship, or deliver for carriage or shipment within this state, any plants or plant products or other thing or substitute listed, as required in such rules and regulations made by the Commissioner of Agriculture and Commerce unless such plant or plant products or other thing or substance have been officially inspected and a certificate issued by an inspector of the commissioner stating that the plants or plant products or other thing or substance have been inspected and found to be apparently free from insect pests, diseases and noxious weeds, and any other facts provided for in the rules and regulations made pursuant to this statute. For the issuance of such certificate, the commissioner may require the payment of a reasonable fee to cover the expense of such an inspection and certification provided, however, that if such plants or plant products or other thing or substance were brought into the state in compliance with the requirements of law such certificate required may be accepted in lieu of the inspection and certificate required by this section in such cases as shall be provided for in the rules and regulations made hereunder. If it shall be found at any time that a certificate of inspection issued or accepted pursuant to the provisions of this section is being used in connection with plants and plant products or other things or substances which are infested or infected with insect pests, diseases or noxious weeds listed in the rules and regulations, its further use may be prohibited, subject to such inspection and other dispositions of the plants and plant product involved as may be provided for by the commissioner. All monies collected by the commissioner where not otherwise provided shall be deposited in the State Treasury to the credit of the General Fund revenue receipts.
Miss. Code Ann. § 69-3-7 — MS Code / Title 69 / Chapter 1 / Section 3-7
Miss. Code Ann. § 69-3-7
Status: in_force

(1) Each person handling seed shall keep for a period of two (2) years a complete seed record of agricultural, vegetable, flower, or tree and shrub seeds handled.

(2) The records shall include the information for seed records as defined in Section 69-3-1 .

(3) The commissioner or his duly authorized agents shall have the right to inspect such records for the purpose of the effective administration of this article.
Miss. Code Ann. § 69-27-29 — MS Code / Title 69 / Chapter 8 / Section 27-29
Miss. Code Ann. § 69-27-29
Status: in_force

All cities, towns, villages or other urban or suburban areas lying within the boundaries of a soil and water conservation district established pursuant to the provisions of the state soil and water conservation district law, as amended, with the approval of the governing authorities of said cities, towns or villages, shall be included in and deemed a part of the district.
Miss. Code Ann. § 69-15-11 — MS Code / Title 69 / Chapter 10 / Section 15-11
Miss. Code Ann. § 69-15-11
Status: in_force

(1) The College of Veterinary Medicine at Mississippi State University of Agriculture and Applied Science shall maintain a complete and adequate veterinary diagnostic laboratory in the Jackson vicinity and any person licensed to practice veterinary medicine, veterinary surgery, veterinary dentistry, or any vocational-agriculture teacher, bona fide farmer or county agent in the State of Mississippi or agent of the State Veterinarian shall have made available to him services of the laboratory. The laboratory shall examine and conduct laboratory tests on specimens submitted by any licensed veterinarian, or vocational-agriculture teacher, bona fide farmer or county agent of this state or agent of the State Veterinarian and issue appropriate reports. The College of Veterinary Medicine shall be required to set reasonable fees for such examinations, tests, reports or other diagnostic service.

(2) The College of Veterinary Medicine shall select a director of the laboratory who holds a degree of veterinary medicine from a recognized college or university; is board certified in one (1) of the following basic diagnostic disciplines; toxicology, pathology, microbiology, virology or clinical pathology and has engaged in the practice of veterinary clinical diagnosis for at least ten (10) years, five (5) years of which were in a supervisory capacity. The director shall select and recommend for employment such veterinarians, bacteriologists, pathologists, technicians, clerical assistants, and other personnel necessary to carry out the objective of this section. The salaries, compensation and expenses of such employees shall be sufficient to insure the employment of competent persons and shall be paid from funds at the disposal of the Veterinary Diagnostic Laboratory. The director shall be responsible to the College of Veterinary Medicine for the daily operations of the laboratory.

(3) There is created an advisory council to advise the College of Veterinary Medicine on matters concerning the Veterinary Diagnostic Laboratory. The council shall be composed of the Chairman of the Senate Agriculture Committee, or his designee; the Chairman of the House Agriculture Committee, or his designee; the Chairman of the Board of Animal Health; the Commissioner of Agriculture and Commerce; a person appointed by the President of Alcorn State University from its land grant staff who is not a member of the Board of Animal Health; a licensed and practicing veterinarian appointed by the President of the Mississippi State Veterinary Medical Association who is not a member of the Board of Animal Health; the State Veterinarian; the State Chemist; and the Dean of the College of Veterinary Medicine. This advisory council shall meet at least twice a year, upon written notification at least fourteen (14) days in advance, to be called by the Dean of the College of Veterinary Medicine. A meeting may also be called by the Commissioner of Agriculture or by a majority of the advisory council with fourteen (14) days' written notice.

The members of the advisory council shall serve in an advisory capacity only. For attending meetings of the council, legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts provided for committee meetings when the Legislature is not in session; however, no per diem or expenses for attending meetings of the council shall be paid while the Legislature is in session. No per diem and expenses shall be paid except for attending meetings of the council without prior approval of the proper committee in their respective houses.

(4) All funds, property and other assets and all current positions of the diagnostic laboratory shall be transferred to the College of Veterinary Medicine on July 1, 2002. The budget of the Veterinary Diagnostic Laboratory shall be funded as a separate line item within the general appropriation bill for the College of Veterinary Medicine.

(5) Information and records pertaining to all animal diseases within the state will be kept confidential except for those reports concerning diseases that are specifically regulated for mandatory control and eradication, or when release of such information is deemed necessary by the State Veterinarian to protect the public health, other livestock or wildlife.
Miss. Code Ann. § 69-13-21 — MS Code / Title 69 / Chapter 5 / Section 13-21
Miss. Code Ann. § 69-13-21
Status: in_force

The person taking up an animal trespassing, after two days may begin his action to recover damages and charges and to enforce his lien, by filing a bill of particulars of his damages, together with a description of the animal on which the lien is claimed, with a justice of the peace, if his claim does not exceed two hundred dollars; and the justice shall issue a summons for the owner or person entitled to the custody, returnable instanter at such place as he shall designate; and if the animal be not in the custody of the plaintiff, the justice may issue a writ commanding the officer to seize the animal. The summons being executed and returned, the justice shall proceed as in other suits. If the justice finds in favor of the plaintiff, he will assess the damages and charges and enter judgment accordingly, and direct the animal to be sold to satisfy the judgment; and if the animal be not in custody of the plaintiff or officer the order for sale may embrace a command to levy upon it.
Miss. Code Ann. § 69-13-329 — MS Code / Title 69 / Chapter 8 / Section 13-329
Miss. Code Ann. § 69-13-329
Status: in_force

A justice of the peace, where there is a county ranger, shall not have authority to do any act concerning estrays, except to take the information from the taker up and to issue the summons for the appraisers; and he shall be entitled to the same fee for such service as the ranger, to be collected and paid over by the ranger; but if there be not a ranger, a justice of the peace may perform all the duties.
Miss. Code Ann. § 69-10-7 — MS Code / Title 69 / Chapter 5 / Section 10-7
Miss. Code Ann. § 69-10-7
Status: in_force

(1) Any purchaser who fails to file a report or to pay any assessment within the time required by the department shall forfeit to the department a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) of such amount for each month of delay or fraction thereof after the first month after such report was required to be filed or such assessment became due. The penalty shall be paid to the department and shall be disposed of by it in the same manner as funds derived from the payment of the assessment imposed herein.

(2) The department shall collect the penalties levied herein, together with the delinquent assessment, by any or all of the following methods:

(a) By voluntary payment by the person liable.

(b) By legal proceedings instituted in a court of competent jurisdiction.

(3) Any person required to collect the assessment provided for in this chapter who fails to remit same or who refuses to allow full inspection of the premises, or such books, records or other documents relating to the liability of such person for the assessment herein imposed, or who shall hinder or in any way delay or prevent such inspection, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not to exceed one (1) year, or both.

(4) The provisions of this chapter shall not apply to any person who purchases one thousand (1,000) or less bushels of rice in any calendar year, provided he is not regularly engaged in the purchase of rice.
Miss. Code Ann. § 69-11-13 — MS Code / Title 69 / Chapter 5 / Section 11-13
Miss. Code Ann. § 69-11-13
Status: in_force

In addition to other quarantine powers now authorized by law, the commissioner, the state veterinarian, or any authorized employee of the state board of animal health are hereby authorized and empowered to quarantine any premises, area or enclosure on which swine are fed with garbage and no person shall move or allow to be moved any swine from any quarantined premises or areas except under conditions and requirements prescribed under rules and regulations promulgated by the commissioner. Quarantine notices and orders shall be served upon owners or persons having possession of swine in the manner now provided by law for quarantining premises on which diseased livestock are kept.
Miss. Code Ann. § 69-29-9 — MS Code / Title 69 / Chapter 1 / Section 29-9
Miss. Code Ann. § 69-29-9
Status: in_force

Any person who shall, with intent to defraud, brand or mis-brand, mark or mismark any neat cattle or swine not his own; or any person who shall intentionally brand over a previous brand or in any manner alter, deface or obliterate a previous brand or earmark, or shall cut out and obliterate a previous brand or earmark on any neat cattle or swine, shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment in the state penitentiary not less than six months nor more than one year.
Miss. Code Ann. § 69-27-203 — MS Code / Title 69 / Chapter 3 / Section 27-203
Miss. Code Ann. § 69-27-203
Status: in_force

The director of the state extension service, the director of the state agricultural and forestry experiment station, and the state forester of the State of Mississippi shall, on written application of any five or more landowners of said county, owning an aggregate of not less than seventy-five hundred acres of land therein, appoint a soil erosion committee for said county, to consist of three members, each to be over twenty-five years of age and the record owner of not less than one hundred and sixty acres of land within the county. The term of each member of said committee shall be five years from the date of his appointment, but any member may be removed from office as other public officers and the term of any member of said committee shall cease, if he fails to maintain his ownership of the requisite one hundred and sixty acres of land in the county. Vacancies on said committee shall be filled for a term of five years by appointment in the same manner as the original members were appointed. The members of said committee shall receive no pay for the services to be performed hereunder, but one member of said committee shall be designated by it as secretary of the committee, who shall be paid his reasonable expense out of the soil erosion funds herein provided for, by order of the board of supervisors, upon certificate of the committee.
Miss. Code Ann. § 69-2-41 — MS Code / Title 69 / Chapter 2 / Section 2-41
Miss. Code Ann. § 69-2-41
Status: in_force

If for any reason any section, paragraph, provision, clause or part of Sections 69-2-13 through 69-2-39 of this chapter shall be held unconstitutional or invalid, that section shall not affect or invalidate any other section, paragraph, provision, clause or part of this chapter not in and of itself invalid, but the remaining portions thereof shall be in force without regard to that so invalidated.
Miss. Code Ann. § 69-3-17 — MS Code / Title 69 / Chapter 1 / Section 3-17
Miss. Code Ann. § 69-3-17
Status: in_force

(1) The duty of enforcing this article is vested in the commissioner. The commissioner may establish rules and regulations not inconsistent with this article, may employ such agents and persons, and may make use of other employees of the department as deemed necessary for enforcement of this article.

(2) This article and the regulations of the department are of statewide concern and occupy the whole field of regulation regarding the cultivation, harvesting, production, processing, registration, labeling, sale, storage, transportation, quarantine, distribution, notification of use, planting, or other use of seeds to the exclusion of all local regulations. Except as otherwise specifically provided in this article, no ordinance or regulation of any political subdivision may prohibit or regulate any matter relating to the registration, labeling, sale, storage, transportation, quarantine, distribution, notification of use, planting and use of seeds.
Miss. Code Ann. § 69-29-15 — MS Code / Title 69 / Chapter 8 / Section 29-15
Miss. Code Ann. § 69-29-15
Status: in_force

It shall be unlawful for a person to remove any collar, tag or marking device on any animal not owned by such person and without the permission of the owner of the animal. Any person violating the provisions of this section, upon conviction for a first violation, shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both. Any person violating the provisions of this section, upon conviction for a second or subsequent violation, shall be punished by imprisonment in the Penitentiary for not less than one (1) year or a fine of not less than One Thousand Dollars ($1,000.00), or by both.
Miss. Code Ann. § 69-8-3 — MS Code / Title 69 / Chapter 2 / Section 8-3
Miss. Code Ann. § 69-8-3
Status: in_force

For the purposes of this chapter, the following terms shall have the meanings ascribed to them herein unless the context clearly indicates otherwise:

(a) “ Producer ” means any person who owns or acquires ownership of cattle, except that a person shall not be considered to be a producer if that person's only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee or other service fee.

(b) “ Collecting person ” means any livestock dealer licensed under the Packers and Stockyards Act of 1921, as amended, who makes payment to a producer for cattle purchased in Mississippi.

(c) “ Council ” means the “Mississippi Beef Industry Council.”

(d) “ Commissioner ” means the Commissioner of Agriculture and Commerce for the State of Mississippi.
Miss. Code Ann. § 69-51-5 — MS Code / Title 69 / Chapter 8 / Section 51-5
Miss. Code Ann. § 69-51-5
Status: in_force

(1) The Commissioner of Agriculture and Commerce is authorized to make cash payments to producers of ethanol, anhydrous alcohol, bio-diesel and wet alcohol located in the state. These payments shall apply only to ethanol, bio-diesel, anhydrous alcohol and wet alcohol fermented and produced at plants in the state. For purposes of this section, an entity that holds a controlling interest in more than one (1) ethanol or bio-diesel plant is considered a single producer. The amount of the payment for each producer's annual production is:

(a) Except as provided in subsection (2) of this section, for each gallon of ethanol, bio-diesel or anhydrous alcohol produced in Mississippi in accordance with subsection (13) of this section on or before June 30, 2005, or for ten (10) years after the start of production, whichever is later, Twenty Cents (20¢) per gallon; and

(b) For each gallon of wet alcohol produced in Mississippi in accordance with subsection (13) of this section on or before June 30, 2005, or for ten (10) years after the start of production, whichever is later, a payment in cents per gallon calculated by the formula “alcohol purity in percent divided by five (5),” and rounded to the nearest cent per gallon, but not less than Eleven Cents (11¢) per gallon.

The producer payments for anhydrous alcohol, bio-diesel and wet alcohol under this section may be paid to the original producer.

No payments shall be made for production that occurs after June 30, 2015.

(2) If the level of production at an ethanol or bio-diesel plant increases due to an increase in the production capacity of the plant, the payment under subsection (1)(a) of this section applies to the additional increment of production until ten (10) years after the increased production began. Once a plant's production capacity reaches thirty million (30,000,000) gallons per year, no additional increment shall qualify for the payment.

(3) The commissioner is authorized to make payments to producers of ethanol, bio-diesel or wet alcohol in the amount of One and One-half Cents (1- 1 / 2 ¢) for each kilowatt hour of electricity generated using biomass in a cogeneration facility at an ethanol plant located in the state. Payments under this subsection shall be made only for electricity generated at cogeneration facilities that begin operation by June 30, 2005. The payments apply to electricity generated on or before the date ten (10) years after the producer first qualifies for payment under this subsection. Total payments under this subsection in any fiscal year may not exceed Seven Hundred Fifty Thousand Dollars ($750,000.00). For the purposes of this subsection:

“ Cogeneration ” means the combined generation of:

(a) Electrical or mechanical power; and

(b) Steam or forms of useful energy, such as heat, that are used for industrial, commercial, heating or cooling purposes.

(4) Payments under subsections (1) and (2) of this section to all producers may not exceed Thirty-seven Million Dollars ($37,000,000.00) in a fiscal year. Total payments under subsections (1) and (2) of this section to a producer in a fiscal year may not exceed Six Million Dollars ($6,000,000.00).

(5) By the last day of October, January, April and July, each producer shall file a claim for payment for ethanol, bio-diesel, anhydrous alcohol and wet alcohol production during the preceding three (3) calendar months. A producer with more than one (1) plant shall file a separate claim for each plant. A producer that files a claim under this subsection shall include a statement of the producer's total ethanol, bio-diesel, anhydrous alcohol and wet alcohol production in Mississippi during the quarter covered by the claim, including anhydrous alcohol and wet alcohol produced or received from an outside source. A producer shall file a separate claim for any amount claimed under subsection (3) of this section. For each claim and statement of total ethanol, bio-diesel, anhydrous alcohol and wet alcohol production filed under this section, the volume of ethanol, bio-diesel, anhydrous alcohol and wet alcohol production or amounts of electricity generated using biomass must be examined by an independent certified public accountant in accordance with standards established by the American Institute of Certified Public Accountants.

(6) Payments shall be made November 15, February 15, May 15 and August 15. A separate payment shall be made for each claim filed. Except as provided in subsection (9) of this section, the total quarterly payment to a producer under this subsection, excluding amounts paid under subsection (3) of this section, may not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00).

(7) If the total amount for which all producers are eligible in a quarter under subsection (3) of this section exceeds the amount available for payments, the commissioner shall make payments pro rata.

(8) After July 1, 2002, new production capacity is eligible for payment under this section only if the commissioner received:

(a) An application for approval of the new production capacity;

(b) An appropriate letter of long-term financial commitment for construction of the new production capacity; and

(c) Copies of all necessary permit applications for construction of the new production capacity. The commissioner may approve new production capacity based on the order in which the applications are received.

(9) Notwithstanding the quarterly payment limits of subsections (4) and (6), the commissioner shall make an additional payment in the eighth quarter of each fiscal biennium to ethanol or bio-diesel producers for Twenty Cents (20¢) per gallon of production in the eighth quarter of the biennium that is greater than seven million five hundred thousand (7,500,000) gallons.

(10) The commissioner shall adopt rules to implement this chapter and objective criteria by rule for who is eligible or not eligible for payment in compliance with this chapter.

(11) A plant in production or under construction by June 30, 2005, shall continue to receive uninterrupted payments under this section of at least Twenty Cents (20¢) per gallon of ethanol or bio-diesel produced until July 1, 2015.

(12) Promotional or educational efforts related to ethanol that are financed wholly or partially with state funds and that promote or identify a particular crop or commodity used to produce ethanol must also include a description of the other potential sources of ethanol listed in Section 69-51-3 .

(13) It is the intent of this legislation that corn, biomass and resource commodities shall be furnished totally by Mississippi farmers insofar as the supply is available.
Miss. Code Ann. § 69-13-325 — MS Code / Title 69 / Chapter 10 / Section 13-325
Miss. Code Ann. § 69-13-325
Status: in_force

The books kept by the ranger for the registration of estrays shall be open to the inspection of every person free of charge; and, at the expiration of his office, shall be handed over to his successor; and, when filed, shall be deposited with the clerk of the chancery court of the county, who shall preserve them.
Miss. Code Ann. § 69-2-21 — MS Code / Title 69 / Chapter 1 / Section 2-21
Miss. Code Ann. § 69-2-21
Status: in_force

For the payment of such bonds and the interest thereon, the full faith, credit, and taxing power of the State of Mississippi are hereby irrevocably pledged. If the Legislature finds that there are sufficient funds available in the General Fund of the State Treasury to pay maturing principal and accruing interest of the bonds, and if the Legislature appropriates such available funds for the purpose of paying such maturing principal and accruing interest, then the maturing principal and accruing interest of the bonds shall be paid from appropriations made by the Legislature from the General Fund of the State Treasury. However, if there are not sufficient funds available in the General Fund of the State Treasury to pay the maturing principal and accruing interest of the bonds, or if such funds are available but the Legislature fails to appropriate a sufficient amount thereof to pay such maturing principal and accruing interest as the same becomes due, then there shall be levied annually upon all taxable property in the State of Mississippi an ad valorem tax at the rate sufficient to provide the funds required to pay the bonds at maturity and the interest on the bonds as it accrues.
Miss. Code Ann. § 69-23-131 — MS Code / Title 69 / Chapter 10 / Section 23-131
Miss. Code Ann. § 69-23-131
Status: in_force

(1) Regulations may be promulgated by the commissioner after passage.

(2) Training, examination and certification of applicators may begin after passage in order for applicants to be certified by October 21, 1976.

(3) The requirement that applicators be certified in order to use or supervise the use of restricted use pesticides shall not be effective until October 21, 1976, or at a later date if permitted by EPA.
Miss. Code Ann. § 69-17-103 — MS Code / Title 69 / Chapter 8 / Section 17-103
Miss. Code Ann. § 69-17-103
Status: in_force

Any person selling or dispensing tranquilizers or drugs manufactured for injection into livestock by means of an instrument identified in Section 69-17-101 for the purpose of rendering livestock docile, shall maintain a register wherein he shall enter the date such drug is sold or dispensed, the name and address of the purchaser or receiver, and the identity and quantity of said drug.
Miss. Code Ann. § 69-36-3 — MS Code / Title 69 / Chapter 8 / Section 36-3
Miss. Code Ann. § 69-36-3
Status: in_force

(1) The Commissioner of Agriculture and Commerce shall appoint five (5) delegates from Mississippi to represent the state on the Southern Dairy Compact Commission, created and provided for in Article III of the Southern Dairy Compact. The delegates shall include one (1) dairy producer who is engaged in the production of milk at the time of appointment or reappointment, one (1) consumer representative, one (1) dairy processor, one (1) retail distributor and one (1) delegate at large. There shall be at least one (1) member appointed from each separate Supreme Court district in Mississippi.

(2) Each delegate shall serve for a term of four (4) years and shall serve diligently and conscientiously and shall strive to achieve the purposes of the Southern Dairy Compact.

(3) Each appointment shall be submitted to the Mississippi Senate for confirmation.

(4) Vacancies in delegate positions shall be filled in the same manner as the original appointments for the unexpired portion of the vacant delegate's position.

(5) The commissioner may provide funding as necessary to the delegation during its term.
Miss. Code Ann. § 69-23-25 — MS Code / Title 69 / Chapter 5 / Section 23-25
Miss. Code Ann. § 69-23-25
Status: in_force

Upon the condition that the State of Mississippi is certified by the Administrator of the United States Environmental Protection Agency to issue experimental use permits for the testing of pesticides, the commissioner of agriculture and commerce may prescribe regulations for the issuance of such experimental permits. The commissioner may issue such experimental permit if he determines that the applicant needs the permit to obtain information necessary to register a pesticide under the provisions of this chapter.
Miss. Code Ann. § 69-39-5 — MS Code / Title 69 / Chapter 3 / Section 39-5
Miss. Code Ann. § 69-39-5
Status: in_force

(1) All agricultural liming materials sold, offered or exposed for sale to any person in this state shall have affixed to each package in a conspicuous manner on the outside thereof, a plainly printed, stamped or otherwise marked label, tag or statement or in the case of bulk sales, a final invoice or bill of sale, setting forth at least the following information:

(a) The name and principal office address of the manufacturer or distributor;

(b) The brand or trade name of the material;

(c) The identification of the product as to the type of the agricultural liming material;

(d) The net weight of the agricultural liming material;

(e) The minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate;

(f) The minimum guaranteed content of elemental magnesium (Mg) if claimed;

(g) The minimum guaranteed content of available potassium (K2O) and/or phosphorous (P2O5) if claimed;

(h) Calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists. Minimum calcium carbonate equivalents shall be as prescribed by regulation;

(i) The minimum percent by weight passing through U.S. Standard sieves as prescribed by regulations.

(2) In the case where agricultural liming materials are sold by a distributor or retailer, the manufacturer (mining company) of such material shall be responsible for furnishing the distributor or retailer with the information or statement required in this section in order for such distributor or retailer to forward the information or statement to the customer.

(3) No information or statement shall appear on any package label, delivery slip or advertising matter that is false or misleading to the purchaser as to the quality, analysis type or composition of the agricultural liming material.

(4) In the case of any material that has been adulterated subsequent to packaging, labeling or loading thereof and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of such adulteration therein.

(5) At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each brand of material.

(6) When the commissioner determines that the requirement for expressing the calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting label requirements among the states, he may require by regulation thereafter that the minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate shall be expressed in the following form:

Total Calcium (Ca)․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․_______ percent

Total Magnesium (Mg)․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․_______ percent

Provided, however, that the effective date of said regulation shall be not less than six (6) months following the issuance thereof.
Miss. Code Ann. § 69-28-9 — MS Code / Title 69 / Chapter 3 / Section 28-9
Miss. Code Ann. § 69-28-9
Status: in_force

Upon establishment of an agricultural district, the following procedures, limitations and responsibilities shall apply:

(a) Any ownership within an agricultural district that has received a notice of condemnation proceedings against its property may request the local soil and water conservation district to conduct a public hearing to review the project's impact on that property. Such public hearing shall be held within forty-five (45) calendar days of the receipt of such summons of condemnation proceedings.

(b) The local soil and water conservation district with assistance of the State Soil and Water Conservation Commission shall provide appropriate notification about establishment of the agricultural district to local and state government agencies, local media and other communication networks. The soil and water conservation district shall also issue appropriate certificates of recognition to the respective ownerships within the agricultural district.

(c) The local soil and water conservation district, in cooperation with the local road manager, or his counterpart, as well as the Mississippi Department of Transportation, may erect signs as may be appropriate to recognize a designated agricultural district.
Miss. Code Ann. § 69-13-115 — MS Code / Title 69 / Chapter 5 / Section 13-115
Miss. Code Ann. § 69-13-115
Status: in_force

Any person who wrongfully removes impounded livestock from the enclosure provided by the board of supervisors under this article, without paying all fees and assessments against same, shall be guilty of a misdemeanor and, upon conviction, shall be punished as in other cases provided.
Miss. Code Ann. § 69-3-9 — MS Code / Title 69 / Chapter 3 / Section 3-9
Miss. Code Ann. § 69-3-9
Status: in_force

(1) It shall be unlawful for any person to sell, offer for sale or expose for sale any agricultural seed, mixtures of agricultural seed, vegetable seed, flower seed, or tree and shrub seed, as defined in this article, for seeding purposes within this state:

(a) Unless a permit has been obtained in accordance with provisions of this article.

(b) Unless the test to determine the percentage of germination required by Section 69-3-5 shall have been completed within the period specified in the rules and regulations promulgated pursuant to the provisions of this article.

(c) Not labeled in accordance with the provisions of this article, or having a false or misleading labeling or claim.

(d) Pertaining to which there has been a false or misleading advertisement.

(e) Consisting of, or containing, prohibited noxious weed seeds.

(f) Containing restricted noxious weed seeds, except as prescribed by regulations promulgated under this article.

(g) Containing weed seeds, including those of noxious weeds, in excess of limits set forth in the rules and regulations promulgated pursuant to the provisions of this article.

(h) That have been treated with a poisonous material and not labeled in accordance with provisions of this article and regulations promulgated thereunder.

(i) To which there are affixed names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality or origin of the seeds.

(j) Having tags or labels attached to the containers of seed bearing thereon a liability or nonwarranty clause disclaiming responsibility for the information on the label required by Section 69-3-5 .

(k) Unless it conforms to the definition of a “seed lot” or “lot of seed” as defined in this article.

(2) It shall be unlawful for any person within this state:

(a) To detach, alter, deface or destroy any label provided for in this article or the regulations promulgated thereunder, or to alter or substitute seed in any manner that may defeat the purpose or provisions of this article.

(b) To disseminate false or misleading advertisements in any manner concerning agricultural, vegetable, flower, or tree and shrub seeds.

(c) To sell, distribute, offer for sale or expose for sale any agricultural, vegetable, flower, or tree and shrub seeds labeled “certified seed,” “registered seed” or “foundation seed” unless it has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an official certifying agency as defined in this article.

(d) To sell seed represented to be a hybrid unless such seed conforms to the definition of a hybrid as defined in this article.

(e) To hinder or obstruct in any manner the commissioner or an authorized agent of the commissioner in the performance of his duties.

(f) To fail to comply with a stop sale order or seizure order, or to dispose of any seed suspended from sale or use without proper release.

(g) To use the name of the department of agriculture, or the results of tests and inspections made by the department, for advertising purposes.

(h) To label and offer for sale seed under the scope of this article without keeping complete records as specified in Section 69-3-7 .

(i) To use the words “type” or “trace” in lieu of information required by Section 69-3-5 .
Miss. Code Ann. § 69-15-2 — MS Code / Title 69 / Chapter 5 / Section 15-2
Miss. Code Ann. § 69-15-2
Status: in_force

(1) The Mississippi Board of Animal Health is to be composed of the Commissioner of Agriculture and Commerce, the Dean of the College of Veterinary Medicine and the heads of the Animal and Dairy Science and Poultry Science Departments at Mississippi State University of Agriculture and Applied Science and one (1) person appointed by the President of Alcorn State University from its land grant staff as five (5) ex officio members with full voting rights, and ten (10) other members of the board to be appointed by the Governor as hereinafter provided. The board shall select annually a chairman and vice chairman from any members of the board.

(2) The Governor, with the advice and consent of the Senate, shall appoint eleven (11) other members from the following groups or associations from a written list of recommendations from such groups or associations:

One (1) licensed and practicing veterinarian who holds a Doctor of Veterinary Medicine Degree, from a written list of three (3) recommendations submitted by the Mississippi State Veterinary Medical Association;

One (1) general farmer from a written list of three (3) recommendations submitted by the Mississippi Farm Bureau Federation;

One (1) poultry breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Poultry Association;

One (1) small ruminant breeder and producer from a written list of three (3) recommendations, one (1) recommendation submitted by each of the following: the Mississippi Sheep Producers' Association, the Mississippi Club Goat Association, and the Mississippi Goat Association. If an association fails to timely submit its recommendation, the Governor may appoint the member from the list of recommendations submitted by the other associations;

One (1) beef cattle breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Cattlemen's Association;

One (1) swine breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Pork Producers' Association;

One (1) dairy breeder and producer from a written list of three (3) recommendations submitted by the American Dairy Association of Mississippi;

One (1) horse breeder and producer from a written list of four (4) recommendations, one (1) recommendation submitted by each of the following: the Mississippi Quarter Horse Association, Tennessee Walking Horse Association, Mississippi Cutting Horse Association and Mississippi State Equine Association. If an association fails to timely submit its recommendation, the Governor may appoint the member from the list of recommendations submitted by the other associations;

One (1) catfish breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Catfish Association;

One (1) member of the Mississippi Livestock Auction Association from a written list of three (3) recommendations submitted by the Mississippi Livestock Auction Association.

All members shall take and subscribe to the general oath of office as provided in Section 268, Mississippi Constitution of 1890 , and file the same with the Commissioner of Agriculture and Commerce.

(3) Effective August 1, 1968, the dairy producer member shall be appointed for a one-year term; the Livestock Auction Association member shall be appointed for a two-year term; and the meat packer member shall be appointed for a three-year term; the catfish producer member shall be appointed for a four-year term; and the horse producer member shall be appointed for a five-year term.

Effective August 1, 1969, the poultry producer member shall be appointed for a two-year term; on August 1, 1970, the sheep producer member shall be appointed for a three-year term; on August 1, 1971, the swine producing member shall be appointed for a four-year term; on August 1, 1972, the general farmer member shall be appointed for a five-year term; on August 1, 1973, the veterinarian member shall be appointed for a six-year term; and on August 1, 1974, the beef cattle producer member shall be appointed for a seven-year term.

All subsequent appointments shall be for four-year terms, except for appointments to fill vacancies which shall be for the unexpired term only.

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

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

(5) On or before July 1, 1998, the board shall appoint, from a written list of not less than three (3) licensed veterinarians submitted by the commissioner, the State Veterinarian.

(6) There is created an advisory council to advise the Board of Animal Health on matters concerning the board. The council shall be composed of the Chairman of the Senate Agriculture Committee, the Chairman of the House Agriculture Committee, and one (1) appointee of the Lieutenant Governor and one (1) appointee of the Speaker of the House of Representatives. The members of the advisory council shall serve in an advisory capacity only. For attending meetings of the council, such legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts provided for committee meetings when the Legislature is not in session; however, no per diem or expenses for attending meetings of the council shall be paid while the Legislature is in session. No per diem and expenses shall be paid except for attending meetings of the council without prior approval of the proper committee in their respective houses.
Miss. Code Ann. § 69-25-29 — MS Code / Title 69 / Chapter 3 / Section 25-29
Miss. Code Ann. § 69-25-29
Status: in_force

The Commissioner of Agriculture and Commerce for the same purposes and in the same manner and with the same authority, as provided in Section 69-25-27 , may prohibit and prevent the introduction into or the transportation through the state of any such plants and plant products or other thing or substance except when contained in such container, car, boat, or vehicle and shall prevent the escape or waste of any part of the same while being introduced into or transported through the state, and may likewise prohibit and prevent the opening of such container, car, boat, or vehicle containing such plant or plant product or other thing or substance within the state.
Miss. Code Ann. § 69-27-3 — MS Code / Title 69 / Chapter 1 / Section 27-3
Miss. Code Ann. § 69-27-3
Status: in_force

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

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

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

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

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

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

It is further declared to be the policy of the legislature to alleviate and prevent flood damage; to conserve the waters of the state through improvement and cover, and through impoundments and effective use for various beneficial purposes; to develop private lands and waters of the state for recreational purposes; to promulgate soil and water conservation practices and measures which beautify the landscape, and promote the economic welfare of communities, counties, and areas of the state; and to provide leadership through soil and water conservation districts to other governmental agencies, departments and private groups in the promotion of the conservation of land, water, and related resources.
Miss. Code Ann. § 69-15-113 — MS Code / Title 69 / Chapter 10 / Section 15-113
Miss. Code Ann. § 69-15-113
Status: in_force

Owners of livestock infected with any contagious or infectious disease, whose animals are destroyed by authority of the board of animal health shall receive compensation from the state in accordance with the following provisions:

Before authorizing the destruction of such diseased animals, they shall be appraised by a duly commissioned representative of the board of animal health of the State of Mississippi or a cooperating representative of the U. S. Department of Agriculture, Bureau of Animal Industry, duly commissioned by said board of animal health. If the owner shall refuse to accept such appraisal, the animals shall be appraised (under oath) by three competent and disinterested appraisers; one to be selected by the duly commissioned representative of the board of animal health or of the U. S. Department of Agriculture, Bureau of Animal Industry duly commissioned by said board of animal health, one by the owner, and those two to select a third; the appraisal to be based upon the value of the animals at the time the animals are condemned for destruction; and, provided, further, that the state to pay not to exceed one-third of the difference between the appraised value of each animal so destroyed and the value of the salvage thereof, when any portion of said appraised value is paid by the U. S. Department of Agriculture, and not more than two-thirds thereof in the event no portion is paid by said U. S. Department of Agriculture. In no event shall the state be liable on an appraised value exceeding $25.00 per head for grade cattle and $50.00 per head for registered purebred cattle.

Upon receipt of a duly certified copy of the appraisal of the stock condemned to be destroyed, and a certificate from the board of animal health that the condemned stock has been destroyed in accordance with the rules and regulations of said board, a requisition shall be issued, signed by the executive officer and the chairman of the state board of animal health, authorizing the state auditor to issue a warrant for the amount stipulated out of funds in the state treasury especially appropriated for that purpose.
Miss. Code Ann. § 69-29-103 — MS Code / Title 69 / Chapter 3 / Section 29-103
Miss. Code Ann. § 69-29-103
Status: in_force

The following words, or similar words, when used in this article shall have the following meaning unless the context clearly indicates otherwise:

(a) “Commissioner” means the Commissioner of Agriculture and Commerce of the State of Mississippi, under whose supervision this article is placed.

(b) “Bureau” means the Mississippi Agricultural and Livestock Theft Bureau, or its successor, in the Department of Agriculture and Commerce, under the administration of the Commissioner of Agriculture and Commerce for the apprehending of cattle and other livestock thieves.

(c) “Brand” means any recorded identification mark applied to any position on the hide of a live animal by means of heat, acid or chemical.

(d) “Person” means any individual, partnership, association or corporation.

(e) “Livestock” means horses, cattle, swine, sheep, poultry and other domestic or exotic animals, birds or fish produced for profit.

(f) “Livestock market” means any place at which a person assembles livestock either for public or private sale by him, such services to be compensated for by the owner on a commission basis or otherwise, or where such person purchases livestock for resale, except:

(i) Any place other than at a permanently established livestock market used solely for the dispersal sale of the livestock of a farmer, dairyman, livestock breeder or feeder who is discontinuing said business and no other livestock is there sold or offered for sale;

(ii) Any farm, ranch, or place where livestock either raised or kept thereon for the grazing season or for fattening is sold, and no other livestock is brought there for sale or offered for sale;

(iii) The premises of any person engaged in the raising of livestock for breeding purposes only, who limits his or its sale to animals of his or its own production;

(iv) Any place where a breeder or an association of breeders of livestock of any class assemble and offer for sale and sell under his or their own management any livestock, when such breeder or association of breeders shall assume all responsibility of such sale and the title of livestock sold.

(g) “Mark” means a distinct marking or device placed on a live animal sufficient to distinguish the animal readily if it becomes intermixed with other animals, and includes a tattoo.
Miss. Code Ann. § 69-24-27 — MS Code / Title 69 / Chapter 5 / Section 24-27
Miss. Code Ann. § 69-24-27
Status: in_force

The commissioner and State Chemist may adopt, amend or repeal rules and regulations relating to sampling, analytical methods, forms, minimum percentage, soil or plant amending ingredients, exempted materials, investigational allowances, definitions, records, labels, labeling, liability bond, misbranding, mislabeling and the distribution of soil or plant amendments as may be necessary to carry into effect the full intent and meaning of this chapter.
Miss. Code Ann. § 69-25-63 — MS Code / Title 69 / Chapter 1 / Section 25-63
Miss. Code Ann. § 69-25-63
Status: in_force

When any penalty assessed by the hearing officer or committee is not paid, the department may file suit in a court of competent jurisdiction for the purpose of reducing the order of the hearing officer or committee to judgment, and if successful on the merits, the department shall be entitled to an award for reasonable attorney's fees and court costs.
Miss. Code Ann. § 69-53-1 — MS Code / Title 69 / Chapter 2 / Section 53-1
Miss. Code Ann. § 69-53-1
Status: in_force

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

(a) “ Agritourism ” means the travel or visit by the general public to, or the practice of inviting or allowing the general public to travel to or visit a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation for the purpose of enjoyment, education, or participation in the activities of the farm, ranch, or other agricultural, aquacultural, horticultural, or forestry operation.

(b) “ Agritourism activity ” means any activity which allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including, but not limited to, farming activities, ranching activities or historic or cultural or natural attractions.

(c) “ Agritourism professional ” means any person, partnership, corporation, or the employees or authorized agents, who offer or conduct one or more agritourism activities, whether or not for compensation.

(d) “ Inherent risks of agritourism activity ” means those dangers or conditions that are an integral part of an agritourism activity, including, but not limited to, certain hazards involving surface and subsurface conditions, natural conditions of land, vegetation and waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming, ranching, or other commercial agricultural, aquacultural, horticultural or forestry operation. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.

(e) “ Participant ” means any person, other than the agritourism professional, who engages in an agritourism activity.
Miss. Code Ann. § 69-9-15 — MS Code / Title 69 / Chapter 9 / Section 9-15
Miss. Code Ann. § 69-9-15
Status: in_force

(1) The commissioner may conduct an audit of the board to verify compliance with any rules and regulations promulgated for the efficient enforcement of this chapter.

(2) Under this section, the audited board shall provide information to the commissioner that verifies the amounts received and expended from the fees assessed and collected by the department and remitted to the board. Records maintained in the course of the normal conduct of business by the board may serve as verification.

(3) The commissioner may apply for and the court may grant a temporary or permanent injunction on disbursements made to the board from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
Miss. Code Ann. § 69-37-19 — MS Code / Title 69 / Chapter 1 / Section 37-19
Miss. Code Ann. § 69-37-19
Status: in_force

The arrangements for and management of any referendum held under this chapter shall be under the direction of the Mississippi Boll Weevil Management Corporation. The corporation shall bear all expenses incurred in conducting the referendum, to include furnishing the ballots and arranging for the necessary poll holders.
Miss. Code Ann. § 69-24-11 — MS Code / Title 69 / Chapter 10 / Section 24-11
Miss. Code Ann. § 69-24-11
Status: in_force

The commissioner and State Chemist are authorized and empowered to refuse registration of a soil or plant amendment if they find the brand of soil or plant amendment violates any section of this chapter or the rules and regulations promulgated under this chapter. The commissioner and State Chemist are authorized and empowered to cancel the registration of any brand of soil or plant amendments upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of this chapter, or any rules or regulations promulgated thereunder; provided, that no registration shall be revoked until the registrant shall have been given the opportunity to appear for a hearing by the commissioner and State Chemist.
Miss. Code Ann. § 69-44-5 — MS Code / Title 69 / Chapter 1 / Section 44-5
Miss. Code Ann. § 69-44-5
Status: in_force

(1) After July 1, 2006, there is imposed and levied an assessment at the rate of One Cent (1¢) per bushel on all corn grown within the State of Mississippi, and the assessment shall be deducted by the purchaser from the amount paid the producer at the first point of sale, whether within or without the state. If a producer pledges corn grown by that producer as collateral for a loan issued by the Commodity Credit Corporation and if that producer forfeits the corn in lieu of loan repayment, the Commodity Credit Corporation shall at the time of the loan settlement, collect the assessment from the producer.

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

(3) The department shall submit to the board a budget detailing and justifying the administrative costs of the department in administering the provisions of this chapter. The budget must be approved by the board by April 1 of each year. The department shall pay over to the Mississippi Corn Promotion Fund the funds collected, less three and one-half percent (3- 1 / 2 %) of the gross amount collected. The amount withheld by the department must be approved by the board by July 1 of each year.

(4) Each purchaser or the Commodity Credit Corporation shall keep a complete and accurate record of all corn handled by him and shall furnish each producer with a signed sales slip showing the number of bushels purchased from him and the amount deducted by him for the Mississippi Corn Promotion Fund. The records shall be in the form and contain any other information as the department shall by rule or regulation prescribe. The records shall be preserved by the purchaser for a period of two (2) years and shall be offered for inspection at any time upon oral or written demand by the department or any duly authorized agent or representative thereof. Every purchaser or the Commodity Credit Corporation, at such time or times as the department may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed in this chapter. The department shall have the power to cause any duly authorized agent or representative to enter upon the premises of any purchaser of corn and examine or cause to be examined by the agent only books, papers and records which deal in any way with the payment of the assessment or enforcement of the provisions of this chapter.
Miss. Code Ann. § 69-37-29 — MS Code / Title 69 / Chapter 3 / Section 37-29
Miss. Code Ann. § 69-37-29
Status: in_force

The commissioner, with the concurrence of the corporation, is authorized to destroy, or cause to be treated with pesticides, volunteer or other noncommercial cotton and to establish procedures for the purchase and destruction of commercial cotton in eradication zones when the commissioner deems the action necessary to effectuate the purposes of this chapter. No payment shall be made by the commissioner to the owner or lessee for the destruction or injury of any cotton that was planted in an eradication zone after publication of notice as provided in this chapter, or was otherwise handled in violation of this chapter or the regulations adopted under this chapter. However, the commissioner shall pay for losses resulting from the destruction of cotton that was planted in those zones before promulgation of the notice. Payments for those losses shall be funded by assessment fees paid by cotton growers and administered by the corporation.
Miss. Code Ann. § 69-45-5 — MS Code / Title 69 / Chapter 9 / Section 45-5
Miss. Code Ann. § 69-45-5
Status: in_force

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

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

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

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

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

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

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

The words “logo” and “program,” whenever used in this chapter, shall include the plural as well as the singular.
Miss. Code Ann. § 69-27-307 — MS Code / Title 69 / Chapter 5 / Section 27-307
Miss. Code Ann. § 69-27-307
Status: in_force

The commission shall adopt and promulgate such rules and regulations as necessary for the implementation of the Mississippi Soil and Water Cost-Share Program. The commission is authorized to conduct public hearings or otherwise seek the advice, counsel and recommendations of interested owners, associations, industrialists or other persons or groups. Adequate notice of any public hearing must be provided within the general area of the site of the hearing. The commission shall publish such rules and regulations and shall make the same available upon request.
Miss. Code Ann. § 69-15-313 — MS Code / Title 69 / Chapter 5 / Section 15-313
Miss. Code Ann. § 69-15-313
Status: in_force

The boards of supervisors, after being notified by the State Veterinarian that the cattle tick (Margaropus annulatus) is known to exist in their respective counties, shall provide such number of dipping vats as may be fixed by the State Veterinarian or his authorized representative, and provide the proper chemicals and other materials necessary to be used in the work of systematic tick eradication in such counties, and said work of systematic tick eradication shall begin on the date indicated by the State Veterinarian and continue until the cattle tick (Margaropus annulatus) is completely eradicated, and notice in writing of same is given by the State Veterinarian.
Miss. Code Ann. § 69-27-335 — MS Code / Title 69 / Chapter 8 / Section 27-335
Miss. Code Ann. § 69-27-335
Status: in_force

Each soil and water conservation district which receives or uses the machinery or equipment referred to in Section 69-27-331 shall maintain its public records to show for each piece of machinery or equipment: (a) the amounts collected from each job in each district; (b) the expense of repairing, moving, manning and other usual cost of operation; and (c) the amount paid by each district for the purpose of amortizing the commission's investment in such machinery or equipment. Each of such districts shall send a duplicate copy of those records to the commission, which shall retain such copies in its files for public inspection. In addition thereto, the commission shall at all times maintain an account showing each piece of machinery or equipment the title to which is vested in it, the amount paid thereon by any soil and water conservation district, and the amount remaining to be amortized; and the commission shall also maintain a current inventory of all such equipment, shall have such equipment marked and identified as being the property of the commission, and shall promulgate rules and regulations which shall ensure that the use of such equipment within each district is on an equitable basis.
Miss. Code Ann. § 69-15-317 — MS Code / Title 69 / Chapter 8 / Section 15-317
Miss. Code Ann. § 69-15-317
Status: in_force

Any person, or persons, firms or corporations, owning or having in charge any cattle, horses, jacks, jennets or mules in any county where tick eradication shall be taken up, or is in progress under existing laws, shall, on notification by any livestock inspector to do so, have such cattle, horses, jacks, jennets or mules dipped regularly every 14 days in a vat properly charged with arsenical solution, as recommended by the United States Bureau of Animal Industry under the supervision of said inspector, at such time and places and in such manner as may be designated by the livestock inspector. All animals dipped shall be marked for identification. The dipping period shall be continued as long as may be required by the rules and regulations of the State Board of Animal Health, which shall be sufficient in number and length of time to completely destroy and eradicate all cattle ticks (margaropus annulatus) in such county or counties.
Miss. Code Ann. § 69-51-3 — MS Code / Title 69 / Chapter 5 / Section 51-3
Miss. Code Ann. § 69-51-3
Status: in_force

For the purposes of this chapter, the following terms shall have the meanings ascribed to them herein unless the context clearly indicates otherwise:

(a) “ Anhydrous alcohol ” means fermentation ethyl alcohol derived from biomass, but that does not meet ASTM specifications or is not denatured and is shipped in bond for further processing.

(b) “ Biomass ” means any organic matter which is available on a renewable basis including agricultural crops and agricultural wastes and residues, wood and wood wastes and residues, and animal wastes.

(c) “ Ethanol ” means fermentation ethyl alcohol which is produced from biomass and, that:

(i) Meets all of the specifications in ASTM specification D 4806-88; and

(ii) Is denatured as specified in Code of Federal Regulations, Title 27, parts 20 and 21 .

(d) “ Ethanol plant ” means a plant at which ethanol, anhydrous alcohol or wet alcohol is produced.

(e) “ Wet alcohol ” means agriculturally derived fermentation ethyl alcohol having a purity of at least fifty percent (50%) but less than ninety-nine percent (99%).
Miss. Code Ann. § 69-37-33 — MS Code / Title 69 / Chapter 8 / Section 37-33
Miss. Code Ann. § 69-37-33
Status: in_force

(1) Any person who shall violate any of the provisions of this chapter or the regulations promulgated hereunder, or who shall alter, forge or counterfeit or use without authority any certificate or permit or other document provided for in this chapter or in the regulations promulgated hereunder shall be guilty of a misdemeanor.

(2) Any person who, except in compliance with the regulations of the bureau, shall move any regulated article into this state from any other state, which the bureau found in such regulations is infested by the boll weevil, shall be guilty of a misdemeanor.
Miss. Code Ann. § 69-15-317 — MS Code / Title 69 / Chapter 10 / Section 15-317
Miss. Code Ann. § 69-15-317
Status: in_force

Any person, or persons, firms or corporations, owning or having in charge any cattle, horses, jacks, jennets or mules in any county where tick eradication shall be taken up, or is in progress under existing laws, shall, on notification by any livestock inspector to do so, have such cattle, horses, jacks, jennets or mules dipped regularly every 14 days in a vat properly charged with arsenical solution, as recommended by the United States Bureau of Animal Industry under the supervision of said inspector, at such time and places and in such manner as may be designated by the livestock inspector. All animals dipped shall be marked for identification. The dipping period shall be continued as long as may be required by the rules and regulations of the State Board of Animal Health, which shall be sufficient in number and length of time to completely destroy and eradicate all cattle ticks (margaropus annulatus) in such county or counties.
Miss. Code Ann. § 69-19-15 — MS Code / Title 69 / Chapter 8 / Section 19-15
Miss. Code Ann. § 69-19-15
Status: in_force

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

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

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

(2) Each violation of this chapter or the applicable rules and regulations shall subject the violator to administrative action as provided for in Sections 69-25-51 through 69-25-63 .
Miss. Code Ann. § 69-10-5 — MS Code / Title 69 / Chapter 10 / Section 10-5
Miss. Code Ann. § 69-10-5
Status: in_force

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

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

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

(4) Each purchaser or the Commodity Credit Corporation shall keep a complete and accurate record of all rice handled by him and shall furnish each producer with a signed sales slip showing the number of bushels purchased from him and the amount deducted by him for the Mississippi Rice Promotion Fund. Such records shall be in such form and contain such other information as the department shall by rule or regulation prescribe. The records shall be preserved by the purchaser for a period of two (2) years and shall be offered for inspection at any time upon oral or written demand by the department or any duly authorized agent or representative thereof. Every purchaser or the Commodity Credit Corporation, at such time or times as the commissioner of the department may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed in this chapter. The department shall have the power to cause any duly authorized agent or representative to enter upon the premises of any purchaser of rice and examine or cause to be examined by such agent, only books, papers and records which deal in any way with respect to the payment of the assessment or enforcement of the provisions of this chapter.
Miss. Code Ann. § 69-27-33 — MS Code / Title 69 / Chapter 2 / Section 27-33
Miss. Code Ann. § 69-27-33
Status: in_force

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

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

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

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

The commissioners may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the commissioners of the district on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county.
Miss. Code Ann. § 69-5-103 — MS Code / Title 69 / Chapter 3 / Section 5-103
Miss. Code Ann. § 69-5-103
Status: in_force

For the purposes of this article, the State of Mississippi is hereby divided into five (5) livestock show districts, as follows:

(a) The Northwest District, which shall embrace the Counties of Coahoma, DeSoto, Grenada, Lafayette, Marshall, Panola, Quitman, Tallahatchie, Tate, Tunica and Yalobusha Counties. The place for holding the livestock show shall be at Batesville, in Panola County.

(b) The North Delta District, which shall embrace the Counties of Attala, Bolivar, Carroll, Holmes, Humphreys, Issaquena, Leflore, Montgomery, Sharkey, Sunflower and Washington Counties. The place for holding the livestock show shall be at Greenwood, in Leflore County.

(c) The Northeast District, which shall embrace the Counties of Alcorn, Benton, Calhoun, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, Noxubee, Oktibbeha, Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster and Winston. The place for holding the livestock show shall be at Verona, in Lee County.

(d) The Southwest District, which shall embrace the Counties of Adams, Amite, Claiborne, Copiah, Franklin, Hinds, Jefferson, Lawrence, Leake, Lincoln, Madison, Neshoba, Newton, Pike, Rankin, Scott, Simpson, Smith, Walthall, Warren, Wilkinson and Yazoo. The place for holding the livestock show shall be at Jackson, in Hinds County.

(e) The Southeast District, which shall embrace the counties of Clarke, Covington, Forrest, George, Greene, Hancock, Harrison, Jackson, Jasper, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Marion, Pearl River, Perry, Stone and Wayne. The place for holding the livestock show shall be at Hattiesburg, in Forrest County.
Miss. Code Ann. § 69-25-11 — MS Code / Title 69 / Chapter 9 / Section 25-11
Miss. Code Ann. § 69-25-11
Status: in_force

The inspections and the quarantine enforcement referred to in this article shall be conducted under the direction of the Commissioner of Agriculture and Commerce by the Director of the Bureau of Plant Industry and the State Entomologist at Mississippi State University of Agriculture and Applied Science and such assistants as may become necessary. It shall be the duty of the Director of the Bureau of Plant Industry and the State Entomologist to make recommendations to the commissioner regarding quarantines and regulations.
Miss. Code Ann. § 69-28-9 — MS Code / Title 69 / Chapter 5 / Section 28-9
Miss. Code Ann. § 69-28-9
Status: in_force

Upon establishment of an agricultural district, the following procedures, limitations and responsibilities shall apply:

(a) Any ownership within an agricultural district that has received a notice of condemnation proceedings against its property may request the local soil and water conservation district to conduct a public hearing to review the project's impact on that property. Such public hearing shall be held within forty-five (45) calendar days of the receipt of such summons of condemnation proceedings.

(b) The local soil and water conservation district with assistance of the State Soil and Water Conservation Commission shall provide appropriate notification about establishment of the agricultural district to local and state government agencies, local media and other communication networks. The soil and water conservation district shall also issue appropriate certificates of recognition to the respective ownerships within the agricultural district.

(c) The local soil and water conservation district, in cooperation with the local road manager, or his counterpart, as well as the Mississippi Department of Transportation, may erect signs as may be appropriate to recognize a designated agricultural district.
Miss. Code Ann. § 69-29-121 — MS Code / Title 69 / Chapter 9 / Section 29-121
Miss. Code Ann. § 69-29-121
Status: in_force

Any person who violates any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than twenty-five dollars ($25.00), nor more than five hundred dollars ($500.00), or by imprisonment for a term of not more than six months, or both, in the discretion of the court.
Miss. Code Ann. § 69-23-109 — MS Code / Title 69 / Chapter 1 / Section 23-109
Miss. Code Ann. § 69-23-109
Status: in_force

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

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

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

(4) In order to eliminate inequitable application or establishment of opposing regulations, the authority to regulate any matter pertaining to the registration, sale, handling, distribution, notification of use, application and use of pesticides shall vest solely in the Commissioner of Agriculture and Commerce, except where other state agencies, including the Agricultural Aviation Board, exercise such regulatory authority under state law.
Miss. Code Ann. § 69-27-33 — MS Code / Title 69 / Chapter 1 / Section 27-33
Miss. Code Ann. § 69-27-33
Status: in_force

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

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

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

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

The commissioners may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the commissioners of the district on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county.
Miss. Code Ann. § 69-27-301 — MS Code / Title 69 / Chapter 9 / Section 27-301
Miss. Code Ann. § 69-27-301
Status: in_force

The following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

(a) “Commission” shall mean the Mississippi Soil and Water Conservation Commission.

(b) “District” or “soil and water conservation district” means a governmental subdivision of the state and a public body , corporate and politic, organized in accordance with the provisions of Section 69-27-1, Mississippi Code of 1972 , for the purposes, with the powers and subject to the restrictions hereinafter set forth.

(c) “State” means the State of Mississippi.

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

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

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

(g) “Landowner” or “owner of land” includes any person, firm, or corporation who shall hold legal or equitable title to any lands lying within a soil and water conservation district.

(h) “Land operator” or “operator of land” includes any person, firm or corporation, other than the owner, who shall be in possession of any lands lying within a soil and water conservation district whether as lessee, renter, tenant or otherwise.

(i) “Eligible lands” shall mean lands owned or leased by a private individual, group or association, and lands owned by the State of Mississippi or any political subdivision thereof.

(j) “Cost-share assistance” shall mean partial financial assistance in such amounts as the commission, in its discretion, shall determine, subject to the limitations as set by the State Soil and Water Conservation Commission.

(k) “Approved practice” means those farming practices or operations that are carried out in a manner that will directly benefit the conservation, development or proper utility of soil and water resources.