Miss. Code Ann. § 75-24-27 — MS Code / Title 75 / Chapter 12 / Section 24-27
Miss. Code Ann. § 75-24-27
Status: in_force

(1) To accomplish the objectives and to carry out the duties prescribed in this chapter, the Attorney General, or his designee, in addition to the powers conferred by this chapter, may:

(a) Issue subpoenas and subpoenas duces tecum;

(b) Issue cease and desist orders to persons suspected of violating any provisions of this chapter;

(c) Administer an oath or affirmation to any person;

(d) Conduct hearings in aid of any investigation or inquiry;

(e) Compel the production of books, papers, documents, and other evidence, and call upon other state agencies for information;

(f) Issue any necessary rules and regulations in order to carry out the provisions of this chapter; and

(g) Enter into an assurance of voluntary compliance or an assurance of voluntary discontinuance with any person for settlement purposes.

(2) Unless otherwise ordered by a court for good cause shown, no statement or documentary material produced pursuant to subpoena under this section shall be produced for inspection or copying by, nor shall the contents thereof be disclosed to any person other than the authorized employees of the Attorney General without the consent of the person who produced the material.

(3) The Attorney General may use the documentary material or copies thereof in the enforcement of this chapter by presentation before any court, provided that any such material which contains trade secrets or proprietary information shall not be presented except with the approval of the court in which the action is pending after adequate notice to the person furnishing such material. However, when material containing trade secrets or proprietary information is presented with court approval, the material and the evidence pertaining thereto shall be held in camera and shall not be part of the court record or trial transcript.
Miss. Code Ann. § 75-31-223 — MS Code / Title 75 / Chapter 12 / Section 31-223
Miss. Code Ann. § 75-31-223
Status: in_force

The commissioner or his duly appointed representative shall have authority to enter, at any daylight hour, dairy farms, dairy barns, or milk houses for the purpose of inspecting farm operations and to correct or have corrected any part of farm milk tank operations found to be incorrect or improperly operated.

No person shall be employed or contracted with as a farm milk transport operator unless he has taken the required examination for milk grader, milk sampler, milk weigher and has secured his licenses from the commissioner.

Sampling for butterfat must conform to requirements of the Dairy and Creamery Law and to regulations promulgated by the commissioner. Samples must be properly refrigerated from dairy farm to plant.
Miss. Code Ann. § 75-45-315 — MS Code / Title 75 / Chapter 12 / Section 45-315
Miss. Code Ann. § 75-45-315
Status: in_force

(1) Any person who engages in business as a grain dealer without securing a license or who does not have a valid license or is in violation of this article or the rules and regulations promulgated thereunder, or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent the commissioner or his duly authorized agent in performance of his duty in connection with this article or its rules and regulations, or any grain dealer who refuses to permit inspection of his premises, books, accounts or records as provided in this article shall, upon conviction thereof, be guilty of a misdemeanor and be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for the first violation, and not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00) for each subsequent violation or imprisoned in a penal institution other than the state penitentiary for not more than six (6) months, or both. In case of a continuing violation or violations, each day and each violation occurring constitutes a separate and distinct offense.

(2) It shall be the duty of the Attorney General to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the commissioner reports a violation for prosecution he may give the grain dealer an opportunity to present his views at an informal hearing.

(3) The commissioner may apply for and the circuit court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rules and regulations promulgated under the article notwithstanding the existence of other remedies at law. Any such injunction is to be issued without notice and without bond.

(4) The commissioner may apply for, and the appropriate chancery court may grant, a temporary or permanent injunction restraining a grain dealer from disposing of any grain owned, in whole or in part, or held, or in his possession, whether owned in whole or in part, or from anyone removing any grain in which the grain dealer or producers from which he has purchased grain have an interest, in violation of any of the provisions of this article. Such injunction is to be issued without notice and without bond.
Miss. Code Ann. § 75-27-11 — MS Code / Title 75 / Chapter 12 / Section 27-11
Miss. Code Ann. § 75-27-11
Status: in_force

In addition to the state standards provided for in Section 75-27-9 , there shall be supplied by the state at least one (1) complete set of copies of these to be kept in the office or laboratory of the state division of weights and measures and to be known as “office standards,” and also such “field standards” and such equipment as may be found necessary to carry out the provisions of this article. The office standards and field standards shall be verified upon their initial receipt and at least once each year thereafter, the office standards by direct comparison with the state standards and the field standards by comparison with the office standards.
Miss. Code Ann. § 75-31-509 — MS Code / Title 75 / Chapter 12 / Section 31-509
Miss. Code Ann. § 75-31-509
Status: in_force

This article does not apply to transactions between a cooperative association, while it is acting as a marketing agent, and its members.
Miss. Code Ann. § 75-27-41 — MS Code / Title 75 / Chapter 12 / Section 27-41
Miss. Code Ann. § 75-27-41
Status: in_force

Except as otherwise provided in this article, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce shall bear on the outside of the package a definite, plain, and conspicuous declaration of (1) the identity of the commodity in the package unless the same can easily be identified through the wrapper or container, (2) the net quantity of the contents in terms of weight, measure, or count, and (3) in the case of any package kept, offered, or exposed for sale, or sold any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor. Provided, that in connection with the declaration required under clause (2), neither the qualifying term “when packed” or any words of similar import shall be used. Provided further, that under clause (2) the director shall, by regulation, establish (a) reasonable variations to be allowed, which shall include variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure, (b) exemptions as to small packages, and (c) exemptions as to commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer.
Miss. Code Ann. § 75-29-23 — MS Code / Title 75 / Chapter 12 / Section 29-23
Miss. Code Ann. § 75-29-23
Status: in_force

Upon showing of identification, representatives of the State Board of Health shall have free access at all reasonable hours to any place where foods are sold, and in calling for and taking a sample of any food, he shall tender the market price asked for it.
Miss. Code Ann. § 75-27-3 — MS Code / Title 75 / Chapter 12 / Section 27-3
Miss. Code Ann. § 75-27-3
Status: in_force

When used in this article:

(1) The word “person” means both the plural and singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations.

(2) The words “ weight(s) and (or) measure(s) ” means all weights and measures of every kind, all instruments and devices and all electronic systems that employ a laser bar code reader to retrieve product identity, price and other information stored in computer memory, for weighing and measuring, or in the computing of any basic charge or payment for products bought or services rendered on the basis of weight or measure or count and any appliances and accessories associated with such instruments and devices, except that the term does not include meters for the measurement of electricity, gas, or water when the meters are operated in a public utility system, or production from oil and gas wells under the supervision of the State Oil and Gas Board. Such electricity, gas, and water meters are hereby specifically excluded from this article, and none of the provisions of this article shall apply to such meters or to any appliances or accessories associated with them.

(3) The words “sell” and “sale” means barter and exchange.

(4) The term “ director ” and “ deputy director ” means, respectively, the State Director of Weights and Measures, who shall be the Commissioner of Agriculture and Commerce, and the Deputy State Director of Weights and Measures, who shall serve as the administrator.

(5) The term “ inspector ” means a state inspector of weights and measures.

(6) The term “ intrastate commerce ” means any and all commerce or trade that is begun, carried on, and completed wholly within the limits of the State of Mississippi, and the phrase “ introduced into intrastate commerce ” shall be construed to define the time and place at which the first sale and delivery of a commodity is made within the state, and delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.

(7) The term “ commodity in package form ” means commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of an auxiliary shipping container enclosing packages that individually conform to the requirements of this article. An individual item or lot of any commodity not in package form as defined in this section, but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be construed to be commodity in package form.

(8) The term “ Handbook 44 ” means the National Institute of Standards and Technology Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices.”
Miss. Code Ann. § 75-15-17 — MS Code / Title 75 / Chapter 12 / Section 15-17
Miss. Code Ann. § 75-15-17
Status: in_force

A licensee may conduct his business at one or more locations within this state and through or by means of such agents as the licensee may from time to time designate or appoint. No license under this chapter shall be required of any agent of a licensee, provided that this exemption shall apply only to the agent's acts on behalf of the licensee and this exemption shall not exempt the agent from the provisions of this chapter where he conducts money transmissions for his own account. The licensee shall require each of his appointed agents to display prominently on the agent's premises, where same may be readily viewed by prospective clients or purchasers, a printed certificate signed by an authorized official of licensee setting forth in bold letters the names of the licensee and agent and stating that the licensee holds a valid and existing license issued by the commissioner under this chapter and that agent is a duly authorized agent of licensee. Neither a licensee nor an agent may appoint a subagent to conduct money transmissions.
Miss. Code Ann. § 75-57-2 — MS Code / Title 75 / Chapter 12 / Section 57-2
Miss. Code Ann. § 75-57-2
Status: in_force

The administration of the Liquefied Compressed Gas Equipment Inspection Law of Mississippi ( Sections 75-57-1 through 75-57-63 ) are transferred from the Chairman of the State Tax Commission to the Commissioner of Insurance. All personnel, records, property and equipment allocated to the Chairman of the State Tax Commission exclusively for the administration of the Liquefied Compressed Gas Equipment Inspection Law of Mississippi are hereby transferred to and placed under the supervision and control of the Commissioner of Insurance.
Miss. Code Ann. § 75-27-215 — MS Code / Title 75 / Chapter 12 / Section 27-215
Miss. Code Ann. § 75-27-215
Status: in_force

All auctioneers shall be licensed by the payment of a fee of twenty-five dollars ($25.00) per year and no auctioneer shall be permitted to buy cattle in his name during the period while actually engaged in auctioneering.
Miss. Code Ann. § 75-17-31 — MS Code / Title 75 / Chapter 12 / Section 17-31
Miss. Code Ann. § 75-17-31
Status: in_force

No lender or other person shall charge a sum or prepayment penalty for the prepayment of any note or evidence of a debt secured in whole or in part by lien on real estate greater than the following:

(a) Five percent (5%) of the unpaid principal balance if prepaid during the first year;

(b) Four percent (4%) of the unpaid principal balance if prepaid during the second year;

(c) Three percent (3%) of the unpaid principal balance if prepaid during the third year;

(d) Two percent (2%) of the unpaid principal balance if prepaid during the fourth year;

(e) One percent (1%) of the unpaid principal balance if prepaid during the fifth year;

(f) No penalty if prepaid more than five (5) years from date of the note creating the debt.

This section shall apply only to loans, the security for which is a lien on real estate comprising a single family dwelling or a single family condominium unit, or on real estate used primarily for agricultural or livestock purposes. This section shall not apply where a greater penalty is required by any law or regulation of the United States of America, or agency thereof. In addition, this section shall not apply to any agricultural loan made by an originator or a certified facility in accordance with 12 USCS Section 2279aa et seq. that is included in a pool for which the Federal Agricultural Mortgage Corporation has provided a guarantee.
Miss. Code Ann. § 75-31-225 — MS Code / Title 75 / Chapter 12 / Section 31-225
Miss. Code Ann. § 75-31-225
Status: in_force

The commissioner of agriculture and commerce is hereby authorized and empowered to adopt, promulgate, change and amend any and all necessary regulations in order to carry out the provisions of this article.
Miss. Code Ann. § 75-40-111 — MS Code / Title 75 / Chapter 12 / Section 40-111
Miss. Code Ann. § 75-40-111
Status: in_force

The State Veterinarian may quarantine, seize and destroy any birds which present a hazard of carrying exotic or untreatable disease as determined by rules and regulations promulgated by the board. The board shall pay an indemnity to the owner of any seized or destroyed birds from any federal funds made available for that purpose or any state funds hereafter appropriated for that purpose.
Miss. Code Ann. § 75-40-113 — MS Code / Title 75 / Chapter 12 / Section 40-113
Miss. Code Ann. § 75-40-113
Status: in_force

The board may make any rules and regulations not inconsistent with this article governing the business of dealing in or the transportation of exotic or pet birds.
Miss. Code Ann. § 75-29-3 — MS Code / Title 75 / Chapter 12 / Section 29-3
Miss. Code Ann. § 75-29-3
Status: in_force

An article of food shall be deemed to be adulterated:

If it is adulterated as defined in Section 402 of the federal Food, Drug and Cosmetic Act, as amended, codified at 21 USC 342 .
Miss. Code Ann. § 75-35-19 — MS Code / Title 75 / Chapter 12 / Section 35-19
Miss. Code Ann. § 75-35-19
Status: in_force

The commissioner shall cause an examination and inspection of all cattle, sheep, swine, goats, horses, mules, and other equines, and the food products thereof, slaughtered and prepared in the establishments hereinbefore described to be made during the nighttime as well as during the daytime when the slaughtering of said cattle, sheep, swine, goats, horses, mules, and other equines, or the preparation of said food products is conducted during the nighttime.
Miss. Code Ann. § 75-23-27 — MS Code / Title 75 / Chapter 12 / Section 23-27
Miss. Code Ann. § 75-23-27
Status: in_force

After March 24, 1954, no person shall engage in or conduct the business of purchasing for resale or selling cigarettes without having first obtained the appropriate license for that purpose.

All such licenses shall be issued by the state tax commission or its designated agent, who shall make rules and regulations respecting applications therefor and issuance thereof.

A wholesaler or retailer who sells or intends to sell cigarettes at one, two (2) or more places of business shall be required to obtain a separate license for each place of business.

Any person licensed only as a wholesaler shall not operate as a retailer unless the appropriate license therefor is first secured, and any person licensed only as a retailer shall not operate as a wholesaler unless the appropriate license therefor is first secured.
Miss. Code Ann. § 75-47-11 — MS Code / Title 75 / Chapter 12 / Section 47-11
Miss. Code Ann. § 75-47-11
Status: in_force

(1) There shall be paid to the commissioner for all commercial fertilizers distributed in this state an inspection fee at the rate of Twenty-five Cents (25¢) per ton, provided that sales to manufacturers or exchanges between them are hereby exempted. Fees so collected shall be used for the payment of the costs, by act of the Legislature, of inspection, sampling and analysis, and other expenses necessary for the administration of this chapter. On individual packages of commercial fertilizer containing ten (10) pounds or less, there shall be paid in lieu of the annual registration fee of Ten Dollars ($10.00) per brand and grade and the Twenty-five Cents (25¢) per ton inspection fee, an annual registration fee and inspection fee of Fifty Dollars ($50.00) for each brand and grade sold or distributed. Where a person sells commercial fertilizer in packages of ten (10) pounds or less and in packages over ten (10) pounds, this annual registration and inspection fee of Fifty Dollars ($50.00) shall apply only to that portion sold in packages of ten (10) pounds or less, and that portion sold in packages over ten (10) pounds shall be subject to the same inspection fee of Twenty-five Cents (25¢) per ton as provided in this chapter.

(2) Every registrant or guarantor who distributes a commercial fertilizer in this state shall file with the commissioner, on forms furnished by the commissioner, an annual statement setting forth the number of net tons of each commercial fertilizer distributed in this state during the previous year. The report shall be due on or before the thirtieth day of the month following the close of the reporting year. Upon such statement the registrant shall pay the inspection fee at the rate stated in subsection (1) of this section.

If the tonnage report is not filed and the payment of inspection fee is not made within thirty (30) days after the end of the reporting year, a collection fee amounting to ten percent (10%) of the amount, but in no case less than Ten Dollars ($10.00), shall be assessed against the registrant, and the amount of fees due shall constitute a debt and become the basis of a judgment against the registrant.

(3) When more than one (1) person is involved in the distribution of a commercial fertilizer, the last person who has the fertilizer registered and who distributes to a nonregistrant, dealer or consumer, is responsible for reporting the tonnage and paying the inspection fee.
Miss. Code Ann. § 75-27-217 — MS Code / Title 75 / Chapter 12 / Section 27-217
Miss. Code Ann. § 75-27-217
Status: in_force

All scales used in the weighing of livestock at public auction shall be so located and operated that they will at all times be conveniently accessible. Provided, further, that scales shall be equipped with weight indicator to provide exact duplicate of weight on each animal weighed.
Miss. Code Ann. § 75-59-3 — MS Code / Title 75 / Chapter 12 / Section 59-3
Miss. Code Ann. § 75-59-3
Status: in_force

The fees collected under the provisions of this chapter shall be used in the processing and filing of said application and in the administration and enforcement of the chapter.
Miss. Code Ann. § 75-49-15 — MS Code / Title 75 / Chapter 12 / Section 49-15
Miss. Code Ann. § 75-49-15
Status: in_force

In the issuance of rules and regulations hereon, the commissioner may provide appropriate exemption or exception with respect to factory-built homes produced in other states, upon his determining that the applicable rules and codes of such state of manufacture provide safeguards equally effective to those otherwise applicable under this chapter and rules made under this chapter.
Miss. Code Ann. § 75-45-307 — MS Code / Title 75 / Chapter 12 / Section 45-307
Miss. Code Ann. § 75-45-307
Status: in_force

If the department is satisfied:

(a) that the applicant is of good business reputation,

(b) that the applicant has adequate bonding under Section 75-45-305 ,

(c) that the applicant maintains a permanent business location in this state, and

(d) that the applicant has sufficient financial resources to guarantee payment to producers for grain purchased from them, the commissioner shall issue a license to the applicant or shall renew the applicant's license. Licenses shall be issued or renewed annually for a period ending ninety (90) days after the last day of the applicant's fiscal year. The license or renewal thereof issued by the department under this section shall be posted in the principal office of the licensee in this state. A certificate shall be posted in each location listed on a licensee's application where he engages in the business of buying grain. In the case of a licensee operating a truck or tractor trailer unit the licensee is required to have a certificate that the license is in effect and that a bond or certificate of deposit has been filed and is carried in each truck or tractor trailer unit used in connection with the purchase of grain from producers. Upon request of a licensee and payment of the fee thereof, the commissioner shall issue to the licensee a certificate that a license has been issued or renewed and a bond filed as required by this article.
Miss. Code Ann. § 75-24-55 — MS Code / Title 75 / Chapter 12 / Section 24-55
Miss. Code Ann. § 75-24-55
Status: in_force

Franchise companies shall not represent directly or by implication that prospective participants may or will earn any stated gross or net amount, or represent in any manner, the past earnings of participants unless in fact the past earnings or predicted gross or net amount represented are those of a substantial number of participants in the community or geographical area in which the representations are made and accurately reflect the average earnings of those participants under circumstances similar to those of the participant or prospective participant to whom the representation is made.
Miss. Code Ann. § 75-24-357 — MS Code / Title 75 / Chapter 12 / Section 24-357
Miss. Code Ann. § 75-24-357
Status: in_force

An intended recipient alleging a violation of Sections 75-24-351 through 75-24-357 may bring an action in any circuit court in this state. A court shall award litigation costs and fees, including reasonable attorney's fees, to a plaintiff who prevails in an action brought pursuant to this section. In addition, the court may award the following remedies to a plaintiff who prevails in an action brought pursuant to Sections 75-24-351 through 75-24-357 :

(a) Actual damages; and

(b) Punitive damages in the amount equal to three (3) times the actual damages.
Miss. Code Ann. § 75-33-13 — MS Code / Title 75 / Chapter 12 / Section 33-13
Miss. Code Ann. § 75-33-13
Status: in_force

Each employee assigned to serve as agent under this article shall have knowledge of the diseases of meat-producing animals, and shall be versed in the conditions that affect the wholesomeness of animal-food products. An appropriate standard of fitness for such agents shall be maintained by the commissioner.
Miss. Code Ann. § 75-31-203 — MS Code / Title 75 / Chapter 12 / Section 31-203
Miss. Code Ann. § 75-31-203
Status: in_force

This article applies to farm milk tanks, as defined, only when these are used, or are to be used, under an express contract between the producer and the purchaser and on the premises of the producer, for the commercial measurement of milk or other fluid dairy products. If such measurement is accomplished by the means of a fluid meter, this paragraph does not apply; in such case, the meter shall be subject to approval by the commissioner and to the applicable provisions of the article for liquid measuring device.
Miss. Code Ann. § 75-27-309 — MS Code / Title 75 / Chapter 12 / Section 27-309
Miss. Code Ann. § 75-27-309
Status: in_force

Each person, at the time application is made for a bonded weighmaster's license, shall execute an official weighmaster's oath in which he agrees to lawfully and faithfully fulfill the duties and responsibilities of a bonded weighmaster. The weighmaster's oath shall be made a part of each annual renewal of such bonded weighmaster's license. The bonded weighmaster's oath shall be supplied to the applicant by the commissioner.
Miss. Code Ann. § 75-33-9 — MS Code / Title 75 / Chapter 12 / Section 33-9
Miss. Code Ann. § 75-33-9
Status: in_force

The buildings used in connection with any establishment shall be of sound construction and kept in good repair and shall be of such construction as to prevent the entrance or harboring of vermin.

Floors, side walls and ceilings shall be constructed of impervious material and so constructed that they can be readily kept clean.

Floors shall slope so all waste water will flow to a floor drain.

Floor drains shall be equipped with strainers and traps.

All rooms shall be provided with abundant light, both natural and artificial, and shall be ventilated to eliminate objectionable odors and moisture condensation.

In abattoirs where poultry is processed, the eviscerating, cutting and packaging operation must be separated from the killing, scalding and dressing operations either by the use of separate rooms or by a thorough and complete cleanup prior to the eviscerating, cutting and packaging operations.

Provided, however, any existing buildings now being used in the operation of any establishment covered by this article, which do not meet the requirements set out herein, shall be rigidly inspected and diligently cleaned in an effort to provide a maximum of sanitary conditions and to insure sanitary meat, meat-food products and poultry. The commissioner shall endeavor to improve the quality of all existing buildings until they have been made to conform to the full requirements of this article, but he shall not close down any establishment for the failure for such existing facilities to meet the requirements outlined above.

Provided, however, any alteration, remodeling or additions to any existing facility shall meet the requirements specified by this article and no such new buildings, establishments, and/or repairs, remodeling and/or alterations shall be made until after the commissioner has approved the same and is satisfied that such new construction or such changes in existing facilities do comply with the provisions of this article.
Miss. Code Ann. § 75-24-71 — MS Code / Title 75 / Chapter 12 / Section 24-71
Miss. Code Ann. § 75-24-71
Status: in_force

As used in Sections 75-24-71 through 75-24-77 , the following words and phrases shall have the meanings as described in this section, unless the context clearly indicates otherwise:

(a) “ Bona fide inventory repurchase program ” means a program by which an entity repurchases from a salesperson current and marketable inventory in the possession of the salesperson, upon request and upon commercially reasonable terms, when the salesperson's business relationship is terminated.

(b) “ Commercially reasonable terms ” means the repurchase of current and marketable inventory within twelve (12) months after the date of purchase at not less than ninety percent (90%) of the original net cost, less appropriate set-offs and legal claims, if any.

(c) “ Compensation ” means a payment of any money, thing of value, or financial benefit conferred in return for inducing another person to participate in a pyramid promotional scheme.

(d) “ Consideration ” as used in Sections 75-24-71 through 75-24-77 means the payment of cash or the purchase of goods, services, or intangible property. The term does not include the purchase of goods or services furnished at cost to be used in making sales and not for resale, or time and effort spent in pursuit of sales or recruiting activities.

(e) “Inventory” includes both goods and services, including company-produced promotional materials, sales aids, and sales kits that an entity requires independent salespersons to purchase.

(f) “ Inventory loading ” means the requirement or encouragement by a plan or operation that its independent salesperson purchase inventory in an amount that exceeds the amount that the salesperson can expect to resell for ultimate consumption or to use or consume in a reasonable time period, or both.

(g) “ Promote ” means to contrive, prepare, establish, plan, operate, advertise, or otherwise induce or attempt to induce another person to participate in a pyramid promotional scheme.

(h) “ Pyramid promotional scheme ” means any plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other persons into the plan or operation rather than from the sale and consumption of goods, services, or intangible property by a participant or other persons introduced into the plan or operation. The term includes any plan or operation under which the number of people who may participate is limited either expressly or by the application of conditions affecting the eligibility of a person to receive compensation under the plan or operation, or any plan or operation under which a person, on giving any consideration, obtains any goods, services, or intangible property in addition to the right to receive compensation.
Miss. Code Ann. § 75-29-11 — MS Code / Title 75 / Chapter 12 / Section 29-11
Miss. Code Ann. § 75-29-11
Status: in_force

An article shall be deemed to be mislabeled or misbranded:

If such article is not in conformity with the requirements for the declaration of net quantity of contents of Section 4 of the Fair Packaging and Labeling Act ( 15 USCS 1451 et seq. ) and the regulations promulgated pursuant thereto, and with the requirements of the Nutrition Labeling and Education Act of 1990.
Miss. Code Ann. § 75-25-29 — MS Code / Title 75 / Chapter 12 / Section 25-29
Miss. Code Ann. § 75-25-29
Status: in_force

(a) Actions to require cancellation of a mark registered pursuant to this chapter or to appeal the secretary's refusal to register a mark pursuant to this chapter shall be brought in the First Judicial District of the Hinds County Chancery Court. In an appeal of the secretary's refusal to register a mark, the proceeding shall be based solely upon the record before the secretary. In an action for cancellation, the secretary shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court and shall be given the right to intervene in the action.

(b) In any action brought against a nonresident registrant, service may be effected by any means authorized by the Mississippi Rules of Civil Procedure.
Miss. Code Ann. § 75-44-65 — MS Code / Title 75 / Chapter 12 / Section 44-65
Miss. Code Ann. § 75-44-65
Status: in_force

(1) If grain is offered for storage in any licensed grain warehouse and the grain warehouseman does not have storage space to handle the same, the grain warehouseman with the written consent of the owner may accept grain for shipment to another grain warehouse where storage is available.

(2) The receipt to cover grain to be transported to and stored in another grain warehouse shall embody within its written or printed terms, in addition to the requirements of Section 75-44-49 , the name and location of the grain warehouse to which the grain will be shipped for storage.
Miss. Code Ann. § 75-23-3 — MS Code / Title 75 / Chapter 12 / Section 23-3
Miss. Code Ann. § 75-23-3
Status: in_force

It is hereby declared to be the legislative intent to encourage fair and honest competition, and to safeguard the public against unfair, dishonest, deceptive, destructive, and fraudulent business practices existing in transactions involving the sale of, offer to sell, or inducement to sell, cigarettes in the wholesale and retail trades in this state. It is further declared that the advertising, offering for sale, or sale of cigarettes below cost in the wholesale or retail trades with the intent of injuring competitors or destroying or substantially lessening competition, is an unfair and deceptive trade practice. The policy of the state is to promote the general welfare through the prohibition of such sales, the purpose of the Unfair Cigarette Sales Law being to carry out that policy in the public interest.
Miss. Code Ann. § 75-12-23 — MS Code / Title 75 / Chapter 12 / Section 12-23
Miss. Code Ann. § 75-12-23
Status: in_force

(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:

(1) Accurately reflects the information set forth in the record at the time it was first generated in its final form as an electronic record or otherwise; and

(2) Remains accessible for later reference.

(b) A requirement to retain a record in accordance with subsection (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.

(c) A person may satisfy subsection (a) by using the services of another person if the requirements of that subsection are satisfied.

(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a).

(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a).

(f) A record retained as an electronic record in accordance with subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after July 1, 2001, specifically prohibits the use of an electronic record for the specified purpose.

(g) This section does not preclude a governmental agency of this State from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
Miss. Code Ann. § 75-44-71 — MS Code / Title 75 / Chapter 12 / Section 44-71
Miss. Code Ann. § 75-44-71
Status: in_force

(1) Any person who issues a warehouse receipt for grain without holding a valid grain warehouse license or who commits any willful violation of any provision of this chapter, shall be guilty of a felony, and upon conviction thereof, punishable by a fine of not more than twenty thousand dollars ($20,000.00) and/or imprisonment for not more than five (5) years.

(2) Any unintentional or negligent violation of this chapter shall be a misdemeanor, and upon conviction thereof, punishable by a fine of not more than five thousand dollars ($5,000.00) and/or imprisonment for not more than one (1) year.
Miss. Code Ann. § 75-60-5 — MS Code / Title 75 / Chapter 12 / Section 60-5
Miss. Code Ann. § 75-60-5
Status: in_force

The provisions of this chapter do not apply to the following categories of courses, schools or colleges:

(a) Tuition-free courses or schools conducted by employers exclusively for their own employees;

(b) Schools, colleges, technical institutes, community colleges, junior colleges or universities under the jurisdiction of the Board of Trustees of State Institutions of Higher Learning or the Mississippi Community College Board;

(c) Schools or courses of instruction under the jurisdiction of the State Board of Cosmetology, State Board of Barber Examiners, the State Board of Massage Therapy or the State Board of Nursing;

(d) Courses of instruction required by law to be approved or licensed, or given by institutions approved or licensed, by a state board or agency other than the Commission on Proprietary School and College Registration; however, a school so approved or licensed may apply to the Commission on Proprietary School and College Registration for a certificate of registration to be issued in accordance with the provisions of this chapter;

(e) Correspondence education;

(f) Nonprofit private schools offering academic credits at primary or secondary levels, or conducting classes for exceptional education as defined by regulations of the State Department of Education;

(g) Private nonprofit colleges and universities or any private school offering academic credits at primary, secondary or postsecondary levels;

(h) Courses of instruction conducted by a public school district or a combination of public school districts;

(i) Courses of instruction conducted outside the United States;

(j) A school that offers only instruction in subjects that the Commission on Proprietary School and College Registration determines are primarily for a vocational, personal improvement or cultural purposes and that does not represent to the public that its course of study or instruction will or may produce income for those who take that study or instruction;

(k) Courses conducted primarily on an individual tutorial basis, where not more than one (1) student is involved at any one time, except in those instances where the Commission on Proprietary School and College Registration determines that the course is for the purpose of preparing for a vocational objective;

(l) Kindergartens or similar programs for preschool-age children.
Miss. Code Ann. § 75-43-3 — MS Code / Title 75 / Chapter 12 / Section 43-3
Miss. Code Ann. § 75-43-3
Status: in_force

(1) Any person coming under the provisions of this chapter and desiring to utilize the provisions thereof shall file with the Mississippi Department of Agriculture and Commerce, an application for a license, stating the legal description of the land, the location of the building or buildings, the material of which they are made, the name or names of the owners thereof, and such further information as the commissioner, by regulation, requires. If it appears from such application that the building or buildings are suitable structures in which to store grain, and upon satisfaction of the provisions of this section, Sections 75-43-29 through 75-43-33 , and any applicable regulations, the commissioner shall issue a license to the applicant which designates such building or buildings as farm warehouses, and which authorizes the applicant to operate the farm warehouse under this chapter and receive warehouse receipts for his own grain stored in the warehouse pursuant to this chapter.

This license shall be good for one (1) year, and it is renewable upon compliance with this chapter.

(2) No person shall operate a farm warehouse as defined by this chapter without first having obtained a license pursuant to this chapter.

(3) Applications for licenses under this chapter are to be made on forms prescribed by the commissioner for each separate warehouse or, if an applicant owns more than one (1) warehouse at any one (1) location, which does not exceed eight (8) miles in distance, then all the warehouses at that location may be included in one (1) application.

(4) Prior to the issuance of a license, every applicant shall pay an annual license fee based upon the capacity of the warehouse, such fee to be determined by the commissioner, but not to exceed fifty dollars ($50.00).

(5) If a farm warehouseman desires to renew his license for an additional year, application for such renewal shall be made on a form prescribed by the commissioner. At least sixty (60) days prior to the expiration of each license, the commissioner shall notify each farm warehouseman of the date of such expiration and furnish such farm warehouseman with the renewal form.

(6) Upon satisfactory proof of the loss or destruction of a license issued to a farm warehouseman, a duplicate thereof or a new license may be issued under the same number.
Miss. Code Ann. § 75-35-103 — MS Code / Title 75 / Chapter 12 / Section 35-103
Miss. Code Ann. § 75-35-103
Status: in_force

(1) The following classes of persons, firms, and corporations shall keep such records as will fully and correctly disclose all transactions involved in their businesses; and all persons, firms, and corporations subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the commissioner afford such representative and any duly authorized representative of the secretary of agriculture of the United States accompanied by such representative of the commissioner access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory upon payment when requested of the fair market value thereof:

(a) Any persons, firms, or corporations that engage in the business of slaughtering any cattle, sheep, swine, goats, horses, mules, or other equines, or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals, for use as human food or animal food;

(b) Any persons, firms, or corporations that engage in the business of buying or selling (as meat brokers, wholesalers or otherwise), or transporting, or storing, any carcasses, or parts or products of carcasses, of any such animals;

(c) Any persons, firms, or corporations that engage in business, as renderers, or engage in the business of buying, selling, or transporting, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules, or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter.

(2) Any record required to be maintained by this section shall be maintained for such period of time as the commissioner may by regulations prescribe.
Miss. Code Ann. § 75-33-3 — MS Code / Title 75 / Chapter 12 / Section 33-3
Miss. Code Ann. § 75-33-3
Status: in_force

(1) For the purpose of this article, the words and terms used herein shall have ascribed to them the following meanings:

(a) The word “person” shall include individuals, partnerships, corporations, associations, and any other legal entity recognized by law.

(b) The terms “meat” and “meat-food products,” whenever used in this article, shall include the carcasses or parts thereof, of cattle, sheep, goats, other ruminants, including exotic animals, swine, horses, mules, rabbits, poultry and ratites and the meat and meat-food products of such animals.

(c) The term “food unfit for human consumption” shall be construed to include the meat and meat-food products of horses and mules and all meats or meat-food products which are so affected with disease that it would be dangerous to use the meat or other parts for human food; also all meats or meat-food products which are contaminated, putrid, unsound, unhealthful, or otherwise unfit for food, or which have been derived from any animal which has died as a result of disease or accident, or which was in a dying condition at the time of slaughter.

(d) The word “establishment” as used in this article, shall include: (i) any building or structure in which slaughtering, butchering, meat processing, meat canning, meat packing, meat manufacturing or rendering is carried on; and (ii) the ground upon which such building or structure is erected, and so much ground adjacent thereto as is used in carrying on the business of such establishment, including drains, gutters, waste disposal and cesspools used in connection with the establishment.

(e) The word “equipment,” as used in this article, shall include all machinery, fixtures, containers, vessels, tools, implements and apparatus used in and about an establishment.

(f) The word “commissioner,” as used in this article, shall mean the Commissioner of Agriculture and Commerce, or his duly authorized deputies.

(g) The word “ratite,” means a member of a group of large flightless birds including the ostrich, rhea and emu.

(h) The words “exotic animal,” mean a member of a species of game not indigenous to this state, including axis deer, fallow deer, red deer or other cloven-hooved ruminant animals and ratites.

(2) All persons engaged in business as a meat broker, jobber, dealer, distributor, peddler, transporter, or wholesaler of any carcasses of meat animals or poultry or parts or products thereof, whether fresh, frozen, cured or otherwise and whether canned, wrapped, packaged or prepackaged, but not otherwise handled, whether intended for human food or other purposes, or any person engaged in the business as a public warehouseman storing any such items or products shall register with the commissioner on forms provided and shall operate under the applicable inspection authority provided in this article and by the Mississippi Meat Inspection Act of 1968 [Chapter 35 of Title 75], provided persons operating the aforementioned nonslaughter and nonprocessing businesses are exempt from the license and fee specified in Section 75-33-7 .

(3) The slaughtering by any person of animals and poultry of his own raising, and the processing and transportation by him of animals and poultry products exclusively for use by him and members of his household and his nonpaying guests and employees, shall be exempt from the provisions of this article. Any other operations of an unlicensed, unapproved slaughterhouse and/or processing facility to escape the provisions of this article shall be unlawful, and any person found guilty of such violation shall be punished as provided in Section 75-33-37 .

(4) The provisions of this article shall not apply to poultry producers with respect to poultry of their own raising on their own farms on the same basis as now provided in the United States Wholesome Poultry Products Act and regulations thereunder, and such exemptions shall be consistent with said act and regulations. However, the adulteration and misbranding provisions of said act, other than the requirement of the inspection legend, shall apply to articles which are exempt from inspection by said act and regulations.
Miss. Code Ann. § 75-23-19 — MS Code / Title 75 / Chapter 12 / Section 23-19
Miss. Code Ann. § 75-23-19
Status: in_force

(a) In determining cost to the wholesaler and cost to the retailer the court shall receive and consider as bearing on the bona fides of such cost, evidence tending to show that any person complained against under any of the provisions of the Unfair Cigarette Sales Law purchased the cigarettes involved in the complaint before the court, at a fictitious price, or upon terms, or in such a manner, or under such invoices, as to conceal the true cost, discounts or terms of purchase, and shall also receive and consider as bearing on the bona fides of such costs, evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature in the trade area or state.

(b) Where a cost survey pursuant to recognized statistical and cost accounting practices has been made for the trading area in which a violation of the Unfair Cigarette Sales Law is committed or charged, to determine and establish on the basis of actual existing conditions the lowest cost to wholesalers or the lowest cost to retailers within the said area, the said cost survey shall be deemed competent evidence in any action or proceeding under this law as tending to prove actual cost to the wholesaler or actual cost to the retailer complained against, but any party against whom any such cost survey may be introduced in evidence shall have the right to offer evidence tending to prove any inaccuracy of such cost survey or any state of facts which would impair its probative value.
Miss. Code Ann. § 75-15-9 — MS Code / Title 75 / Chapter 12 / Section 15-9
Miss. Code Ann. § 75-15-9
Status: in_force

Each application for a license to engage in the business of money transmission shall be made in writing and under oath to the commissioner in such form as he may prescribe. The application shall state the full name and business address of:

(a) The proprietor, if the applicant is an individual;

(b) Every member, if the applicant is a partnership or association;

(c) The corporation and each executive officer and director thereof, if the applicant is a corporation;

(d) Every trustee and officer if the applicant is a trust;

(e) The applicant shall have a net worth of at least Twenty-five Thousand Dollars ($25,000.00) plus Fifteen Thousand Dollars ($15,000.00) for each location in excess of one (1) at which the applicant proposes to conduct money transmissions in this state, computed according to generally accepted accounting principles, but in no event shall the net worth be required to be in excess of Two Hundred Fifty Thousand Dollars ($250,000.00);

(f) The financial responsibility, financial condition, business experience and character and general fitness of the applicant shall be such as reasonably to warrant the belief that applicant's business will be conducted honestly, carefully and efficiently;

(g) Each application for a license shall be accompanied by an investigation fee of Fifty Dollars ($50.00) and license fee in the amount required by Section 75-15-15 . All fees collected by the commissioner under the provisions of this chapter shall be deposited into the Consumer Finance Fund of the Department of Banking and Consumer Finance;

(h) An applicant shall not have been convicted of a felony in any jurisdiction or a misdemeanor of fraud, theft, forgery, bribery, embezzlement, or making a fraudulent or false statement in any jurisdiction.
Miss. Code Ann. § 75-35-303 — MS Code / Title 75 / Chapter 12 / Section 35-303
Miss. Code Ann. § 75-35-303
Status: in_force

Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules, or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine is found by any authorized representative of the commissioner upon any premises where it is held for purposes of, or during or after distribution, and there is reason to believe that any such item or product is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of Article 1 of this chapter or of the Federal Meat Inspection Act or the Federal Food, Drug and Cosmetic Act, or that such products or animal has been or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty (20) days, pending action under Section 75-35-305 or notification of any Federal authorities having jurisdiction over such article or animal, and shall not be moved by any person, firm or corporation from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such products or animal before it is released unless it appears to the satisfaction of the commissioner that the products or animal is eligible to retain such marks.
Miss. Code Ann. § 75-57-7 — MS Code / Title 75 / Chapter 12 / Section 57-7
Miss. Code Ann. § 75-57-7
Status: in_force

After March 16, 1948, all containers and pertinent equipment used, sold, and installed in this state for the storage, dispensing and transportation of liquefied compressed gases for the purposes of providing gas for industrial, commercial, agricultural, and domestic uses shall be designed, constructed, equipped, manufactured, and installed as specified in this chapter.
Miss. Code Ann. § 75-27-101 — MS Code / Title 75 / Chapter 12 / Section 27-101
Miss. Code Ann. § 75-27-101
Status: in_force

The standards of the weights and measures of this state as given below shall be deposited with the secretary of state and also at the different state institutions of learning, and the secretary of state and the proctors of those institutions are authorized to confirm and seal all weights and measures brought to them, and to receive the fees therefor. And on all sales by weight of the agricultural products hereinafter named the number of pounds per bushel or the number of pounds per gallon as stated in the following schedule shall be the true and legal standard weight, viz.:

Barley, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․60 pounds

Bluegrass seed, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․14 pounds

Bran, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․20 pounds

Buckwheat, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․48 pounds

Castor beans, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․46 pounds

Clover seed, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․60 pounds

Corn, in the ear․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․72 pounds

Corn, shelled, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․56 pounds

Corn meal, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․48 pounds

Corn meal, bolted, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․44 pounds

Corn meal, unbolted, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․48 pounds

Cottonseed, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․32 pounds

Dried apples, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․26 pounds

Dried peaches, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․33 pounds

Flaxseed, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․56 pounds

Flour, in barrels, per barrel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․196 pounds net

Flour, in half barrels․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․98 pounds net

Flour, in one-fourth barrel sacks․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․48 pounds net

Flour, in one-eighth barrel sacks․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․24 pounds net

Ground peas, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․24 pounds

Hempseed, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․44 pounds

Hungarian grass seed, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․50 pounds

Irish potatoes, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․60 pounds

Lime, unslacked, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․80 pounds

Louisiana cane molasses, per gallon․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․11 pounds

Malt, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․38 pounds

Meal, in barrels․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․200 pounds net

Millet seed, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․50 pounds

Oats, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․32 pounds

Onions, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․57 pounds

Peas, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․60 pounds

Rye, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․56 pounds

Salt, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․50 pounds

Sorghum, per gallon․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․11 pounds

Sorghum seed, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․42 pounds

Stone coal, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․80 pounds

Sweet potatoes, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․54 pounds

Timothy seed, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․45 pounds

Turnips, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․55 pounds

Wheat, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․60 pounds

White beans, per bushel․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․60 pounds
Miss. Code Ann. § 75-45-177 — MS Code / Title 75 / Chapter 12 / Section 45-177
Miss. Code Ann. § 75-45-177
Status: in_force

Any lot of commercial feed not in compliance with the provisions of this article and regulations issued thereunder shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the said commercial feed to be in violation of this article and orders the condemnation of said commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state. Provided, that in no instance shall the disposition of said commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial feed or for permission to process or relabel said commercial feed to bring it into compliance with this article.
Miss. Code Ann. § 75-57-103 — MS Code / Title 75 / Chapter 12 / Section 57-103
Miss. Code Ann. § 75-57-103
Status: in_force

For the purpose of administering and enforcing the provisions of this chapter, the Commissioner of Insurance is empowered to employ an executive director and staff, within the Department of Insurance, as state service employees under the purview of the State Personnel Board's rules and regulations.
Miss. Code Ann. § 75-35-11 — MS Code / Title 75 / Chapter 12 / Section 35-11
Miss. Code Ann. § 75-35-11
Status: in_force

The foregoing provisions shall apply to all carcasses or parts of carcasses of cattle, sheep, swine, goats, horses, mules, and other equines or the meat or meat products thereof, capable of use as human food, which may be brought into any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, where inspection under this article is maintained, and such examination and inspection shall be had before the said carcasses or parts thereof shall be allowed to enter into any department wherein the same are to be treated and prepared for meat food products. The foregoing provisions shall also apply to all such products which, after having been issued from any such slaughtering, meat-canning, salting, packing, rendering, or similar establishment, shall be returned to the same or to any similar establishment where such inspection is maintained. The commissioner may limit the entry of carcasses, part of carcasses, meat and meat food products, and other materials into any establishment at which inspection under this article is maintained, under such conditions as he may prescribe to assure that allowing the entry of such items or products into such inspected establishments will be consistent with the purposes of this chapter.
Miss. Code Ann. § 75-33-7 — MS Code / Title 75 / Chapter 12 / Section 33-7
Miss. Code Ann. § 75-33-7
Status: in_force

(1) It shall be the duty of every person operating an establishment as defined in Section 75-33-3 , except retail dealers, restaurants or eating places and establishments operating under the U.S. Department of Agriculture system of inspection, to apply to the commissioner for a license to operate such establishment before July 1, 1960, and annually thereafter before July of each succeeding year, and pay to the commissioner at the time said application for registration and license is filed, a fee of ten dollars ($10.00) for each establishment operated, and a like fee of ten dollars ($10.00) for the renewal thereof.

The fees for the issuance of the license and the renewals thereof, together with such other fees and charges authorized by this article, shall be kept by the commissioner in a separate fund to be used to defray the expenses of the enforcement of this article. A strict accounting shall be made of all funds received and disbursed.

(2) The application for a license shall be made on a form to be supplied by the commissioner, and shall show the location of each establishment and the name and address of the owner, and the name and address of the lessor or lessee. The application shall have attached thereto the affidavit of the person applying for the license that the facts set forth are true and correct.

(3) Upon approval of application for license and payment of license fee, and upon approval of sanitary conditions in the establishment, and every place used in connection therewith, the commissioner shall issue to each applicant a license which shall expire on June 30 of each year, and which shall authorize the operation of said establishment for the fiscal year, or portion thereof, for which a license is issued.

(4) Such license shall be posted in a conspicuous place in or at the place of business of such licensee, and exposed for inspection by any person or persons who may be properly authorized to make such examination.

(5) From and after the first day of July 1960, it shall be unlawful for any person to operate an establishment unless said establishment is duly licensed and inspected in accordance with the provisions of this article.

The commissioner of agriculture and commerce shall develop and administer a poultry inspection program which shall require mandatory poultry product inspection that imposes antemortem and postmortem inspection, reinspection and sanitation requirements that are at least equal to those under the federal Poultry Products Inspection Act of 1968 [ 21 USCS §§ 451 et seq. ], and the regulations thereunder with respect to all or certain classes of persons engaged in slaughtering poultry or processing poultry products for use as human food solely for distribution with this state.

Any existing provision of law in regard to fees, mandatory requirements, other options, or inspection administration in conflict herewith, shall not affect the foregoing mandatory inspection provision.

Provided, further, that the commissioner of agriculture and commerce shall be authorized to enter into a cooperative agreement with the U. S. Department of Agriculture for compliance with the Poultry Products Inspection Act of 1968 and amendments thereto [ 21 USCS §§ 451 et seq. ], for the purpose of financing and enforcing a mandatory antemortem and postmortem inspection, reinspection and sanitation requirements that are at least equal to those under the within cited federal act with respect to all or certain persons engaged in slaughtering poultry or processing poultry products in this state for use as human food solely for distribution within this state. The commissioner is further empowered to make inspection of other poultry slaughtering and processing facilities when he deems same necessary to the proper sanitation and distribution of such products solely within this state.
Miss. Code Ann. § 75-45-304 — MS Code / Title 75 / Chapter 12 / Section 45-304
Miss. Code Ann. § 75-45-304
Status: in_force

No person shall operate as a grain dealer without first having obtained a license pursuant to this article; provided, however, that grain dealers licensed under the provisions of the United States Warehouse Act, as amended, or the Mississippi Grain Warehouse Law shall not be required to have a license issued pursuant to this article.
Miss. Code Ann. § 75-33-1 — MS Code / Title 75 / Chapter 12 / Section 33-1
Miss. Code Ann. § 75-33-1
Status: in_force

This article may be cited as “The Meat, Meat-Food and Poultry Regulation and Inspection Law of 1960.”
Miss. Code Ann. § 75-17-15 — MS Code / Title 75 / Chapter 12 / Section 17-15
Miss. Code Ann. § 75-17-15
Status: in_force

Any licensee under the provisions of the Small Loan Regulatory Law ( Section 75-67-101 et seq. ), and the Small Loan Privilege Tax Law ( Section 75-67-201 et seq. ), may contract for and receive a default charge not to exceed five percent (5%) of that portion of an installment which continues unpaid for ten (10) days or more following the date such payment is due, including Sundays and holidays. In no case shall such default charge exceed five dollars ($5.00). Such default charge shall not be collected more than once on the same installment. For the purpose of this section, payments shall be applied first to current installments and then to delinquent installments.
Miss. Code Ann. § 75-45-301 — MS Code / Title 75 / Chapter 12 / Section 45-301
Miss. Code Ann. § 75-45-301
Status: in_force

This article shall be known as the “Mississippi Grain Dealers Law of 1978.”
Miss. Code Ann. § 75-27-307 — MS Code / Title 75 / Chapter 12 / Section 27-307
Miss. Code Ann. § 75-27-307
Status: in_force

(1) Any person, as defined by Section 75-27-303(3) , or business before engaging in business as a public weighmaster shall obtain a license from the commissioner. Applications for such license shall be made on forms prescribed and furnished by the commissioner. Licenses issued hereunder by the commissioner shall expire on June 30 of each year and application for renewal thereof shall be made annually, before the expiration date. The fee for such license and all subsequent renewals for an individual who is not employed by a business shall be Twenty-five Dollars ($25.00). The fee for such license and all subsequent renewals for a business is One Hundred Dollars ($100.00), and such license shall cover all employees of that business. Funds collected from such license fees shall be paid into the State Treasury to the credit of the General Fund.

(2) Licenses issued hereunder shall not be transferable.

(3) Each application for license shall be accompanied by a signed weighmaster's oath, a surety bond as required herein and a statement certifying that the weighing or measuring device used has been tested and declared to be accurate, within tolerances allowed by NBS Handbook 44 for such device, by the state weights and measures jurisdiction.

(4) The issuance of a license as a bonded weighmaster shall not obligate the state to pay to the licensee any compensation for his or her services as a bonded weighmaster.

(5) A bonded weighmaster may not officially weigh or measure any property, commodity, produce or article unless he or she holds a valid license issued by the commissioner.

(6) A bonded weighmaster's license may be revoked by the commissioner for violation of the provisions of this law or regulations promulgated hereunder; provided, however, such bonded weighmaster shall be permitted a hearing prior to the revocation of such license.

(7) The following persons shall not be required, but shall be permitted, to obtain licenses as bonded weighmasters:

(a) A weights and measures officer employed by the Department of Agriculture and Commerce when acting within the scope of his official duties;

(b) A person weighing or measuring property, produce, commodities or articles that he/she or his/her employer, if any, is either buying or selling;

(c) A person weighing or measuring property, produce, commodities or articles in conformity with the requirements of federal statutes or the statutes of this state relative to warehousemen or processors;

(d) Employees of the state or federal government for the performance of their duties under regulations of the Federal Grain Inspection Service (FGIS);

(e) All persons or businesses operating under the jurisdiction of the Interstate Commerce Act.
Miss. Code Ann. § 75-24-303 — MS Code / Title 75 / Chapter 12 / Section 24-303
Miss. Code Ann. § 75-24-303
Status: in_force

Sections 75-24-301 through 75-24-311 apply to a residential roofing repair contract under which a person has contracted with a residential roofing contractor to provide goods or services expected to be paid, in whole or in part, from the benefits of a property and casualty insurance policy.
Miss. Code Ann. § 75-53-7 — MS Code / Title 75 / Chapter 12 / Section 53-7
Miss. Code Ann. § 75-53-7
Status: in_force

For the purposes of this chapter, paint, putty, linseed oil, or other paint oils, turpentine, and varnish shall be deemed to be misbranded if the container is labeled or marked in any manner that tends to deceive the purchaser as to the nature, composition, volume, or weight of the contents thereof. The same shall be insufficiently branded if the label fails to give fully the information required herein. The same shall be deemed to be adulterated if, for any component or constituent stated on the label, some other component or constituent is substituted in whole or in part.
Miss. Code Ann. § 75-51-9 — MS Code / Title 75 / Chapter 12 / Section 51-9
Miss. Code Ann. § 75-51-9
Status: in_force

The provisions of this chapter shall not apply to water heaters installed prior to October 6, 1968, except with respect to re-installation thereof as provided in Section 75-51-1 hereof.
Miss. Code Ann. § 75-57-35 — MS Code / Title 75 / Chapter 12 / Section 57-35
Miss. Code Ann. § 75-57-35
Status: in_force

Wherein sections of this chapter do not exceed those requirements of the current published regulations of the National Fire Protection Association applicable to liquefied petroleum gas, the laws and regulations of the State Liquefied Compressed Gas Board shall be followed.

When amendments are made to the liquefied petroleum gas regulations of the National Fire Protection Association, such amendments may be adopted, provided they do not conflict with other sections of this chapter. Should a conflict occur between the National Fire Protection Association regulations or any regulations referred to in this chapter and the liquefied petroleum gas regulations of the State Liquefied Compressed Gas Board, then the State Liquefied Compressed Gas Board's regulation shall govern. The inspection and approval of the inspectors in accordance with this chapter shall be in addition to approvals and listings of Underwriters Laboratories, Inc., American Gas Association or other national testing laboratories. Provided further, that all compressed gas containers covered by this chapter shall be approved by the inspectors provided for herein.
Miss. Code Ann. § 75-29-603 — MS Code / Title 75 / Chapter 12 / Section 29-603
Miss. Code Ann. § 75-29-603
Status: in_force

(1) The Mississippi Department of Agriculture and Commerce is hereby charged with the responsibility of enforcing this article, including the provisions of Section 75-29-601, Mississippi Code of 1972 , and the Commissioner of Agriculture and Commerce or his representative shall be furnished samples of honey or honey products from the individual, firm, organization or corporation, upon request, and shall have such products analyzed by the State Chemist.

(2) The Commissioner of Agriculture and Commerce is authorized, in his discretion, to issue an order to stop the sale or distribution of any honey or honey products found to be in violation of this article, including the provisions of Section 75-29-601, Mississippi Code of 1972 . Upon written notice by the commissioner to the manufacturer or distributor of the honey or honey products sold in violation of this article, including the provisions of Section 75-29-601 , such honey or honey products shall be picked up by the manufacturer or distributor of such products and the buyer of the honey or honey products sold in violation of this article, including the provisions of Section 75-29-601 , shall be refunded the purchase price by the manufacturer or distributor.

(3) The Commissioner of Agriculture and Commerce of the State of Mississippi is hereby authorized and empowered, in his discretion, to make and promulgate rules and regulations as may be necessary to carry out the provisions of this article, including the provisions of Section 75-29-601 .
Miss. Code Ann. § 75-35-319 — MS Code / Title 75 / Chapter 12 / Section 35-319
Miss. Code Ann. § 75-35-319
Status: in_force

The requirements of this chapter shall apply to persons, firms, corporation establishments, animals, and products regulated under the Federal Meat Inspection Act only to the extent provided for in Section 408 of said federal act.
Miss. Code Ann. § 75-57-37 — MS Code / Title 75 / Chapter 12 / Section 57-37
Miss. Code Ann. § 75-57-37
Status: in_force

All containers and pertinent equipment owned or in use by the government of the United States of America are exempt from the provisions of this chapter. Liquefied petroleum gas containers using liquefied petroleum gas as a fuel to propel recreational vehicles, automobiles, trucks and other vehicles, or used as a source of fuel to produce light, heat, power, refrigeration of air conditioning on mobile homes, recreational vehicles, campers, etc., that are in interstate travel, and designed, fabricated, tested and marked in accordance with the regulations of the United States Department of Transportation (DOT) or the United States Interstate Commerce Commission (ICC) and all cylinders with a water capacity of less than two hundred fifty (250) pounds, when used for other than motor fuel purposes in this state, are exempt from inspection.
Miss. Code Ann. § 75-33-5 — MS Code / Title 75 / Chapter 12 / Section 33-5
Miss. Code Ann. § 75-33-5
Status: in_force

The commissioner may adopt, amend or repeal rules and regulations for the administration and enforcement of this article.

The commissioner shall not promulgate any rules and regulations which are inconsistent with the rules and regulations of the U.S. Department of Agriculture governing the businesses covered by this article.

Every licensee shall be furnished a copy of such rules and regulations when a license is issued. The commissioner shall prescribe and supply the forms to be used to comply with this article.
Miss. Code Ann. § 75-56-27 — MS Code / Title 75 / Chapter 12 / Section 56-27
Miss. Code Ann. § 75-56-27
Status: in_force

Any person found by the commissioner or the State Chemist to be in violation of any provision of this chapter may be assessed a penalty as provided in Section 75-55-37 . In addition to or in lieu of such penalties, the commissioner may suspend or revoke the permit or license of such person issued under terms of this chapter. The commissioner shall notify such person of such action in writing delivered by first class United States Mail. Such person shall have fifteen (15) days after the notice is mailed within which to request in writing a hearing before the commissioner or his designee for the purpose of deciding whether or not the penalty imposed should be allowed to stand. The commissioner may issue subpoenas to compel the attendance of witnesses or the production of documents or physical evidence, administer oaths and hear testimony.

If such person does not deliver the written request for a hearing within such time to the commissioner, the commissioner's original decision shall be final. An appeal, if taken, must be perfected within thirty (30) days after the decision of the commissioner with the circuit court of the county of the residence of the accused. If such person is a nonresident of the State of Mississippi, the case shall be appealed to the Circuit Court of the First Judicial District of Hinds County, Mississippi. If any penalty imposed by the commissioner is not paid within thirty (30) days of becoming final, the commissioner may take appropriate legal action to collect such penalty and the court shall award the commissioner reasonable attorney's fees and court costs to collect the penalty. The commissioner may adopt such rules and regulations as may be necessary or desirable to carry out the provisions of this chapter.
Miss. Code Ann. § 75-29-851 — MS Code / Title 75 / Chapter 12 / Section 29-851
Miss. Code Ann. § 75-29-851
Status: in_force

The State Department of Health is authorized to allow restaurants and food establishments which have a current permit issued by the department to dispose of food that has been frozen or properly preserved for human consumption through donation to charitable facilities, charitable organizations and/or individuals providing charitable services. The executive director of the charitable facility or organization receiving such food, or his authorized designee, shall agree to a waiver of liability in favor of the restaurant or food establishment stating that such donations are being provided in the condition used by the restaurant or food establishment, and without warranty of any nature.
Miss. Code Ann. § 75-49-5 — MS Code / Title 75 / Chapter 12 / Section 49-5
Miss. Code Ann. § 75-49-5
Status: in_force

(1) Factory-built homes, because of the manner of their construction, assembly and use and that of their systems, components and appliances (including heating, plumbing and electrical systems), like other finished products having concealed vital parts, may present hazards to the health, life and safety of persons and to the safety of property unless properly manufactured. In the sale of factory-built homes, there is also the possibility of defects not readily ascertainable when inspected by purchasers. It is the policy and purpose of this state to provide protection to the public against those possible hazards, and for that purpose to forbid the manufacture and sale of new factory-built homes which are not properly constructed and anchored and blocked at the homesite so as to provide reasonable safety and protection to their owners and users. It is also the policy of this state that used factory-built homes be properly anchored and blocked at the homesite.

(2) The commissioner is hereby authorized and directed to investigate and examine into engineering and construction practices and techniques, the properties of construction materials used in the construction and assembly of factory-built homes, their electrical, plumbing, heating and other systems and appliances, their anchoring and blocking systems and techniques, fire prevention and protective techniques and measures to promote safety of persons and property and protect the health of users of such factory-built homes. The commissioner, in the interest of such public safety, is authorized to employ a minimum of three (3) additional employees in the Manufactured Housing Division of the Insurance Department to serve as Fire Marshal I, Deputies in the enforcement of the provisions of this chapter.

(3) All manufactured homes shall meet the requirements set forth in the Federal Manufactured Home Construction and Safety Standards ( 24 CFR Section 3280 ), established by the Secretary of the United States Department of Housing and Urban Development in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, as amended ( 42 U.S.C.S. 5401 et seq. ), or such amendments to the standards as are adopted by the Secretary of the United States Department of Housing and Urban Development after July 1, 1992.

(4) The commissioner is also authorized and empowered to issue, promulgate and enforce all rules and procedures which in his judgment are necessary and desirable to make effective the construction standards so established. The commissioner is also empowered to promulgate and enforce rules and regulations for the safe anchoring and blocking of factory-built homes when they are delivered to the site where they are intended to be used for human habitation. When promulgating and enforcing such rules and regulations the commissioner shall take into consideration the rapidly changing technical advances continually being made by the industry.
Miss. Code Ann. § 75-27-201 — MS Code / Title 75 / Chapter 12 / Section 27-201
Miss. Code Ann. § 75-27-201
Status: in_force

If shall be unlawful for any person, firm or corporation or an agent thereof, or person acting therefor, to be engaged in whole or in part:

(a) In the business of operating a packing house where livestock is purchased by weight, or

(b) In the business of selling livestock by auction, or otherwise, for others by weight, or

(c) In the business of selling livestock by weight on a commission basis, fee or for other compensation, or

(d) To thus sell, buy, dispose of, trade, offer for sale, or cause or permit to be sold, disposed of or offered for sale, any livestock, by weight, unless such animals are first weighed by a licensed and bonded weigher, or a weigher registered under the Federal Packers and Stockyards Act of 1921, as amended, on a scale, or other weighing device, tested and approved by the state commissioner of agriculture and commerce. Each separate location where any of the businesses heretofore described are carried on shall be considered a separate business within the meaning of the provisions of this article even though all of such separate operations are owned by and under the control of the same person, firm or corporation. Provided, however, this article does not apply to bona fide farmers who trade livestock between themselves or who make purchases or sales. Provided, further that this article shall not apply to cold storage plants, pork processing, or local community slaughterers of livestock for retail. It shall be the responsibility of the owner or operator of such business to see that all scales and equipment used are maintained in good and accurate condition.
Miss. Code Ann. § 75-27-107 — MS Code / Title 75 / Chapter 12 / Section 27-107
Miss. Code Ann. § 75-27-107
Status: in_force

(1) It shall be unlawful for any person, partnership, corporation, company, cooperative society, or organization to pack for sale, sell, offer or expose for sale in this state any of the following commodities except in containers of net avoirdupois weights of two (2), five (5), ten (10), twenty-five (25), fifty (50), and one hundred (100) pounds, and multiples of one hundred (100) pounds; wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits; provided, however, that the provisions of this section shall not apply to (a) the retailing of flours, meals, hominy and hominy grits direct to the consumer from bulk stock, or (b) the sale of flours and meals to commercial bakers or blenders or for export in containers of more than one hundred (100) pounds, or (c) flours, meals, hominy and hominy grits packed in cartons the net contents of which are less than five (5) pounds, or (d) the exchange of wheat for flour by mills grinding for toll. Provided that this section shall not apply to stock on hand at time of enactment.

(2) Any violation of this section shall constitute a misdemeanor and upon conviction, the offender shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense.
Miss. Code Ann. § 75-45-187 — MS Code / Title 75 / Chapter 12 / Section 45-187
Miss. Code Ann. § 75-45-187
Status: in_force

The commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
Miss. Code Ann. § 75-44-25 — MS Code / Title 75 / Chapter 12 / Section 44-25
Miss. Code Ann. § 75-44-25
Status: in_force

(1) If a grain warehouseman is convicted of any crime involving fraud or deceit or if the commissioner determines that any grain warehouseman has violated any of the provisions of this chapter, or any of the rules and regulations adopted by the commissioner pursuant to this chapter, the commissioner may, at his discretion, suspend, cancel or revoke the license of such grain warehouseman.

(2) All proceedings for the suspension, cancellation or revocation of licenses shall be before the commissioner, and the proceedings shall be in accordance with rules and regulations which shall be adopted by the commissioner. No license shall be cancelled or revoked except after a hearing before the commissioner upon reasonable notice to the licensee and an opportunity to appear and defend. The commissioner may temporarily suspend the license of a licensee for good and reasonable cause before notice or hearing and the licensee shall be entitled to a hearing on such temporary suspension without undue delay. Whenever the commissioner shall suspend, cancel or revoke any license he shall prepare an order so providing which shall state the reason or reasons for such suspension, cancellation or revocation. Said order shall be sent, by certified mail, by the commissioner to the licensee at the address of the grain warehouse licensed. Within thirty (30) days after the mailing of said order, the licensee, if dissatisfied with the order of the commissioner, may appeal to the chancery court of the county where the grain warehouse is located by filing a written notice of appeal alleging the pertinent facts upon which such appeal is grounded. At the time of the filing of the appeal, the appellant shall give a bond for costs conditioned upon his prosecution of the appeal without delay and payment of all costs assessed against him. Appeal may be with supersedeas and shall be subject to the provisions of Section 11-51-31 .

(3) In case a license issued to a grain warehouseman expires or is suspended, revoked or cancelled by the commissioner or his designated representative, such license shall be immediately returned to the commissioner and the grain warehouseman shall forthwith comply with the provisions of Section 75-44-67 .
Miss. Code Ann. § 75-58-5 — MS Code / Title 75 / Chapter 12 / Section 58-5
Miss. Code Ann. § 75-58-5
Status: in_force

(a) Applicability. This chapter shall apply to all natural gas wells and wells producing casinghead gas in Mississippi which are permitted on and after July 1, 1991. This chapter shall also apply to wells in a pool unitized pursuant to Section 53-3-7 or Section 53-3-101 et seq., Mississippi Code of 1972 , after July 1, 1991, and shall not be applicable to natural gas wells or wells producing casinghead gas in a pool unitized prior to July 1, 1991, unless the operator desires to comply with the chapter pursuant to Section 75-58-5(b) . Nothing contained in this chapter shall prohibit or inhibit the unitization of a field or pool.

(b) Safe Harbor Provision. The operator of a well permitted prior to July 1, 1991, or the operator of a field or pool unitized prior to July 1, 1991, pursuant to Section 53-3-7 or Section 53-3-101 et seq., Mississippi Code of 1972 , who desires to comply with the provisions of this chapter may bring such well or unitized field or pool within the provisions of this chapter by giving all non-operators notice of his intent to comply with the provisions of this chapter. Unless a non-operator so notified delivers to the operator's office a written notification rejecting such an offer to have the provisions of this chapter held applicable to his proportionate interest within thirty (30) days after the operator has placed such notice in the United States mail postage prepaid, the provisions of this chapter and all benefits accruing to an operator hereunder shall be deemed applicable to such non-operator's proportionate interest. Only the operator or successor operator of a well permitted prior to July 1, 1991, or field or pool unitized prior to July 1, 1991, may initiate such action as is necessary to bring such well or unitized field or pool within the provisions of this chapter. In no event shall this provision be deemed to affect any existing contract between the owners of a well or unitized field or pool.
Miss. Code Ann. § 75-12-13 — MS Code / Title 75 / Chapter 12 / Section 12-13
Miss. Code Ann. § 75-12-13
Status: in_force

(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.

(c) If a law requires a record to be in writing, an electronic record satisfies the law.

(d) If a law requires a signature, an electronic signature satisfies the law.
Miss. Code Ann. § 75-15-13 — MS Code / Title 75 / Chapter 12 / Section 15-13
Miss. Code Ann. § 75-15-13
Status: in_force

Upon the filing of the application, the payment of the investigation fee and license fee, and the approval by the commissioner of the bond or securities delivered under Section 75-15-11 , the commissioner shall investigate the financial responsibility, financial and business experience, character and general fitness of the applicant, and, if he deems it advisable, of its officers and directors, and if he finds that the applicant (and its officers and directors, if investigated) has the requisite qualifications to meet the requirements of this chapter and that its (or their) qualifications are such as to warrant the belief that the applicant's business will be conducted honestly, fairly, equitably, carefully and efficiently and in a manner commanding the confidence and trust of the community, he shall issue to the applicant a license to engage in the business of money transmission subject to the provisions of this chapter.
Miss. Code Ann. § 75-29-803 — MS Code / Title 75 / Chapter 12 / Section 29-803
Miss. Code Ann. § 75-29-803
Status: in_force

The State Board of Health shall certify each source or supply of bottled drinking water as meeting equivalent health protection standards as prescribed for drinking water under the Mississippi Safe Drinking Water Law, Section 41-26-1 et seq., Mississippi Code of 1972 .
Miss. Code Ann. § 75-27-31 — MS Code / Title 75 / Chapter 12 / Section 27-31
Miss. Code Ann. § 75-27-31
Status: in_force

The director shall approve for use and seal or mark with appropriate devices such weights and measures as he finds upon inspection and test to be “correct” as defined in Section 75-27-19 , and shall reject and mark or tag as “rejected” such weights and measures as he finds, upon inspection or test, to be “incorrect” as defined in Section 75-27-19 , but such sealing or marking shall not be required with respect to such weights and measures as may be exempted therefrom by a regulation of the director issued under the authority of Section 75-27-19 .
Miss. Code Ann. § 75-25-11 — MS Code / Title 75 / Chapter 12 / Section 25-11
Miss. Code Ann. § 75-25-11
Status: in_force

(a) A registration of a mark hereunder shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, in a manner complying with the requirements of the secretary, the registration may be renewed for a like term from the end of the expiring term. A renewal fee, payable to the secretary, shall accompany the application for renewal of the registration.

(b) A registration may be renewed for successive periods of five (5) years in like manner.

(c) All applications for renewal, whether of registrations made under this chapter or of registrations effected under any prior act, shall include a verified statement that the mark has been and is still in use and include a specimen showing actual use of the mark on or in connection with the goods or services.
Miss. Code Ann. § 75-27-313 — MS Code / Title 75 / Chapter 12 / Section 27-313
Miss. Code Ann. § 75-27-313
Status: repealed

At the time application is made for a bonded weighmaster's license and before the issuance of such license by the commissioner, applicant shall file with the commissioner a bond in the penal sum of Five Thousand Dollars ($5,000.00) payable to the State of Mississippi with surety to be approved by the Commissioner of Insurance for the faithful performance of the duties of a bonded weighmaster. The bond must be conditioned on the accurate weight or measure of the property, commodity, produce or article recorded on the official weight or measurement certificate issued by the bonded weighmaster and on compliance with all laws and rules governing public weighers. Said bond may be put in suit by any damaged party. However, the aggregate liability of the surety regardless of the number of claims shall not exceed the bond penalty.

Evidence shall be supplied to the commissioner annually, at the time license is renewed, that the bond continues in force and effect. In the event the bond is cancelled or will not be renewed, the bonding company shall notify the commissioner in writing at least thirty (30) days prior to the cancellation of such bond. If a bond is cancelled or fails to be renewed by the bonded weighmaster, the license issued hereunder shall automatically stand void and repealed; provided, however, the license shall not stand void and repealed if a new bond, as required herein, is filed with the commissioner prior to the expiration date of the original bond.
Miss. Code Ann. § 75-17-11 — MS Code / Title 75 / Chapter 12 / Section 17-11
Miss. Code Ann. § 75-17-11
Status: in_force

When any particular rate of interest per annum or amount of finance charge or rate of finance charge is specified in any contract, note or evidence of indebtedness, it shall not be construed as any increase of said rate of interest or amount of finance charge or rate of finance charge merely that the interest at the specified rate per annum or amount of finance charge or rate of finance charge is stipulated to be paid quarterly, or semiannually, or at any other period less than a year, nor shall the fact that the principal and interest or finance charge is paid at a date earlier than the final maturity date of the contract, note or evidence of indebtedness be taken as any increase of the rate per centum or amount of finance charge or rate of finance charge although paid for the whole period of the contract, note or evidence of indebtedness and regardless of whether or not there is a contractual right of prepayment. Upon prepayment of any contract, note or evidence of indebtedness with the agreement of the lender or holder of such contract, note or evidence of indebtedness before final maturity, whether voluntarily, involuntarily by acceleration or otherwise, and whether by cash, renewal or otherwise, any rebate of interest or finance charge may be computed by the sum of the digits method, commonly referred to as the Rule of 78's method, by the actuarial method, or by the simple interest method. The use of any such method to compute a rebate of interest or finance charge shall not be considered or result in any penalty, prepayment or otherwise, nor be deemed to increase the yield, annual percentage rate, amount of finance charge, rate of finance charge, amount of interest charge, or rate of interest charge. Any such contract, note, or evidence of indebtedness and all provisions thereof shall be valid for the amount of the principal, interest, and finance charges contracted for or received, and such contract, note or evidence of indebtedness shall not be held usurious. However, with respect to a note containing a final balloon payment provision originally payable to a bank and executed after July 1, 1990, the Rule of 78's method may not be used to compute any rebate of finance charges that may be due upon prepayment if the resulting yield would be usurious.
Miss. Code Ann. § 75-27-5 — MS Code / Title 75 / Chapter 12 / Section 27-5
Miss. Code Ann. § 75-27-5
Status: in_force

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and one or the other of these systems shall be used for all commercial purposes in the State of Mississippi. The definitions of basic units of weights and measures, the tables of weight and measure, and weights and measures equivalents, as published by the National Bureau of Standards, are recognized and shall govern weighing and measuring equipment and transactions in the state.
Miss. Code Ann. § 75-21-1 — MS Code / Title 75 / Chapter 12 / Section 21-1
Miss. Code Ann. § 75-21-1
Status: in_force

A trust or combine is a combination, contract, understanding or agreement, expressed or implied, between two or more persons, corporations or firms or association of persons or between any one or more of either with one or more of the others, when inimical to public welfare and the effect of which would be:

(a) To restrain trade;

(b) To limit, increase or reduce the price of a commodity;

(c) To limit, increase or reduce the production or output of a commodity;

(d) To hinder competition in the production, importation, manufacture, transportation, sale or purchase of a commodity;

(e) To engross or forestall a commodity;

(f) To issue, own or hold the certificate of stock of any trust and combine within the spirit of this chapter knowing it to be such at the time of the issue or the acquisition or holding such certificate; or

(g) To place the control to any extent of business or of the proceeds or earnings thereof, contrary to the spirit and meaning of this chapter, in the power of trustees, by whatever name called; or

(h) To enable or empower any other person than themselves, their proper officers, agents and employees to dictate or control the management of business, contrary to the spirit and meaning of this chapter; or

(i) To unite or pool interest in the importation, manufacture, production, transportation, or price of a commodity, contrary to the spirit and meaning of this chapter.

Any corporation, domestic or foreign, or any partnership, or individual, or other association, or person whatsoever, who are now, or shall hereafter create, enter into, become a member of, or a party to any trust or combine as hereinabove defined shall be deemed and adjudged guilty of a conspiracy to defraud and shall be subject to the penalties hereinafter provided. Any person, association of persons, corporation, or corporations, domestic or foreign, who shall be a party or belong to a trust and combine shall be guilty of crime and upon conviction thereof shall, for a first offense be fined in any sum not less than one hundred dollars ($100.00) nor more than five thousand dollars ($5,000.00) and for a second or subsequent offense not less than two hundred dollars ($200.00) nor more than ten thousand dollars ($10,000.00), and may be enjoined by a final decree of the chancery court, in a suit by the state on the relation of the attorney general, from the further prosecution of or doing of the acts constituting the trust and combine as defined in this chapter.
Miss. Code Ann. § 75-44-17 — MS Code / Title 75 / Chapter 12 / Section 44-17
Miss. Code Ann. § 75-44-17
Status: in_force

Before a license to conduct a grain warehouse is granted under Section 75-44-23 , the grain warehouseman shall file with the commissioner a copy of his schedule of charges for storage and other services. If the grain warehouseman desires to make any change in the schedule of charges during the license period, he shall file with the commissioner a statement in writing showing the change at least thirty (30) days prior to its effective date. Each grain warehouseman shall keep conspicuously posted the schedule of charges for storage and other services as so filed, and shall strictly adhere to these charges.
Miss. Code Ann. § 75-24-19 — MS Code / Title 75 / Chapter 12 / Section 24-19
Miss. Code Ann. § 75-24-19
Status: in_force

(1) Civil remedies.

(a) Any person who violated the terms of an injunction issued under Section 75-24-9 shall forfeit and pay to the state a civil penalty in a sum not to exceed Ten Thousand Dollars ($10,000.00) per violation which shall be payable to the General Fund of the State of Mississippi. For the purposes of this section, the chancery or county court issuing an injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General acting in the name of the state may petition for recovery of civil penalties.

(b) In any action brought under Section 75-24-9 , if the court finds from clear and convincing evidence, that a person knowingly and willfully used any unfair or deceptive trade practice, method or act prohibited by Section 75-24-5 , the Attorney General, upon petition to the court, may recover on behalf of the state a civil penalty in a sum not to exceed Ten Thousand Dollars ($10,000.00) per violation. One-half ( 1 / 2 ) of said penalty shall be payable to the Office of Consumer Protection to be deposited into the Attorney General's special fund. All monies collected under this section shall be used by the Attorney General for consumer fraud education and investigative and enforcement operations of the Office of Consumer Protection. The other one-half ( 1 / 2 ) shall be payable to the General Fund of the State of Mississippi. The Attorney General may also recover, in addition to any other relief that may be provided in this section, investigative costs and a reasonable attorney's fee.

(2) No penalty authorized by this section shall be deemed to limit the court's powers to insure compliance with its orders, decrees and judgments, or punish for the violations thereof.

(3) For purposes of this section, a knowing and willful violation occurs when the court finds from clear and convincing evidence that the party committing the violation knew or should have known that his conduct was a violation of Section 75-24-5 .
Miss. Code Ann. § 75-21-15 — MS Code / Title 75 / Chapter 12 / Section 21-15
Miss. Code Ann. § 75-21-15
Status: in_force

If any person, association, firm or corporation shall combine with any other person, association, firm or corporation, or if either of them combine with one or more of the others to prevent, by pooling, any or either of said persons, associations, firms or corporations from separately or individually bidding for the performance of a public work for the state, or any county, municipality, or levee board thereof; or if any person, association, firm or corporation shall prevent, by persuasion or reward, any other person, association, firm or corporation, or any one or more of them, from bidding for the performance of such public work, they, and each of them, shall be guilty of a misdemeanor, and shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Thousand Dollars ($1,000.00).
Miss. Code Ann. § 75-35-325 — MS Code / Title 75 / Chapter 12 / Section 35-325
Miss. Code Ann. § 75-35-325
Status: in_force

(1) When a written complaint is made against a person for violation of any provision of this chapter or of Section 75-33-1 et seq., or any of the rules or regulations promulgated there under, the Commissioner of Agriculture, or his designee, shall conduct a full evidentiary hearing relative to the charges. The complaint shall be in writing and shall be filed in the office of the Mississippi Department of Agriculture and Commerce. The commissioner shall cause to be delivered to the accused in the manner described herein a copy of the complaint and a summons requiring the accused to file a written answer to the complaint within thirty (30) days after service of the summons and complaint upon the accused. 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. The accused shall file with the department a written response to the complaint within the thirty-day period. If the accused fails to file an answer within such time, the commissioner or his designee may enter an order by default against the accused. If the accused has filed an answer, the matter shall be set for hearing before the commissioner or his designee.

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. If the commissioner or his designee determines that the complaint lacks merit, he may dismiss it. If he finds that there is substantial evidence showing that a violation of any 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) Revoke or suspend any license, permit or privilege granted to the accused under the terms of this chapter or Section 75-33-1 et seq. ;

(c) Retain product, reject equipment or facilities, slow or stop a line or refuse to allow the processing of a specifically identified product;

(d) Refuse to allow the marks of inspection to be applied to a product; or

(e) Take any other action authorized by law or regulation. The commissioner'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 commissioner to the circuit court of the county of residence of the accused or, if the accused is a nonresident of the State of Mississippi, to the Circuit Court of the First Judicial District of Hinds County, Mississippi. The appellant shall have the 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 circuit court. If no appeal is perfected within the required time, the decision of the commissioner, or his designee, shall then become final.

(3) The decision of the circuit court may then be appealed by either party to the Mississippi Supreme Court in accordance with the existing laws and rules affecting such appeals.
Miss. Code Ann. § 75-19-3 — MS Code / Title 75 / Chapter 12 / Section 19-3
Miss. Code Ann. § 75-19-3
Status: in_force

Any instrument of writing made and delivered by a private person without a seal or scroll, or other semblance or representation of a seal, shall be operative according to the intent of the maker, as expressed in the writing, in the same manner and as to full extent as if the seal of the maker were thereto affixed.
Miss. Code Ann. § 75-57-61 — MS Code / Title 75 / Chapter 12 / Section 57-61
Miss. Code Ann. § 75-57-61
Status: in_force

(1) Whenever the existing or future laws, rules or regulations of any other state of the United States shall require minimum storage facilities, of any type, character or kind, whether fixed or permanent, in connection with the distribution of liquefied compressed gas at retail, of a resident of this state, then in every such case where the residents engaging in the distribution of liquefied petroleum gas at retail of such state desire to engage in or continue to do business in this state, under permit as required by Section 75-57-49 , the nonresident distributor of liquefied petroleum gas at retail shall be required to establish within the State of Mississippi the same minimum storage requirements and facilities imposed by the laws, rules or regulations of such state upon residents of this state.

(2) This section shall be enforced by the State Liquefied Compressed Gas Board and all such storage facilities required to be established within the State of Mississippi shall meet the approval of the State Liquefied Compressed Gas Board.
Miss. Code Ann. § 75-27-317 — MS Code / Title 75 / Chapter 12 / Section 27-317
Miss. Code Ann. § 75-27-317
Status: in_force

(1) When making a weight or measurement determination as provided for by this article, a licensed bonded weighmaster shall use a weighing or measuring device that is of a type suitable for the weighing or measuring of the amount and kind of material to be weighed or measured and that has been tested and approved for use by a weights and measures officer of this state within a period of twelve (12) months immediately preceding the date of the weighing.

(2) A licensed bonded weighmaster shall not use any scale to weigh a load the value of which exceeds the nominal or rated capacity of the scale. When the gross or tare weight of any vehicle or combination of vehicles is to be determined, the weighing shall be performed upon a scale having a platform of sufficient size to accommodate such vehicle or combination of vehicles. Each separate unit shall be entirely disconnected before weighing and a separate weight certificate shall be issued for each such separate unit.
Miss. Code Ann. § 75-29-101 — MS Code / Title 75 / Chapter 12 / Section 29-101
Miss. Code Ann. § 75-29-101
Status: in_force

The board of supervisors of every county, and the governing authority of every city, town, and village, respectively, may appoint and commission a suitable person to be inspector of food, and said boards may direct, from time to time, what kinds of food shall be inspected.
Miss. Code Ann. § 75-17-7 — MS Code / Title 75 / Chapter 12 / Section 17-7
Miss. Code Ann. § 75-17-7
Status: in_force

All judgments or decrees founded on any sale or contract shall bear interest at the same rate as the contract evidencing the debt on which the judgment or decree was rendered. All other judgments or decrees shall bear interest at a per annum rate set by the judge hearing the complaint from a date determined by such judge to be fair but in no event prior to the filing of the complaint.
Miss. Code Ann. § 75-44-61 — MS Code / Title 75 / Chapter 12 / Section 44-61
Miss. Code Ann. § 75-44-61
Status: in_force

No warehouse receipt shall be issued except upon actual delivery of grain into storage in the warehouse from which it purports to be issued, nor shall any receipt be issued for a greater quantity of grain than was contained in the lot or parcel o received for storage, nor shall more than one (1) receipt be issued for the same lot of grain, except in cases where a receipt for a part of a lot is desired, and then the aggregate receipts for a particular lot shall cover that lot and no more.
Miss. Code Ann. § 75-35-107 — MS Code / Title 75 / Chapter 12 / Section 35-107
Miss. Code Ann. § 75-35-107
Status: in_force

No person, firm, or corporation engaged in the business of buying, selling, or transporting, dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter, unless such transaction or transportation is made in accordance with such regulations as the commissioner may prescribe to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes.
Miss. Code Ann. § 75-27-15 — MS Code / Title 75 / Chapter 12 / Section 27-15
Miss. Code Ann. § 75-27-15
Status: in_force

A bond, with sureties, to be approved by the secretary of state, and conditioned upon the faithful performance of his duties and the safekeeping of any standards or equipment entrusted to his care shall, forthwith, upon his appointment, be given by the deputy director in the penal sum of five thousand dollars ($5,000.00), and by each inspector in the penal sum of one thousand dollars ($1,000.00). The premiums on such bonds shall be paid by the state.
Miss. Code Ann. § 75-44-41 — MS Code / Title 75 / Chapter 12 / Section 44-41
Miss. Code Ann. § 75-44-41
Status: in_force

Every grain warehouseman shall keep in a place of safety complete, separate and correct records and accounts pertaining to the grain warehouse including, but not limited to, records and accounts of all grain received therein and withdrawn therefrom, all unissued receipts and tickets in its possession, copies of all receipts and tickets issued by it, and the receipts and tickets returned to and cancelled by it. Such records shall be retained by the grain warehouseman for a period of five (5) years.
Miss. Code Ann. § 75-17-3 — MS Code / Title 75 / Chapter 12 / Section 17-3
Miss. Code Ann. § 75-17-3
Status: in_force

If any person shall lend to another any sum of money and take any note or evidence of debt which shall stipulate a rate of interest not greater than six (6) per centum per annum after the date of the loan or after maturity, but who shall in fact contract for, charge, collect or receive as compensation or consideration for, or as the result of, such loan, directly or indirectly, a sum of money in excess of six (6) per centum per annum from the date of the loan, or a sum of money when taken with the interest contracted for, is in excess of six (6) per centum per annum from the date of the loan, such person shall forfeit all interest, and if the interest shall have been paid, same may be recovered by suit.
Miss. Code Ann. § 75-27-1 — MS Code / Title 75 / Chapter 12 / Section 27-1
Miss. Code Ann. § 75-27-1
Status: in_force

This article may be cited as the “Weights and Measures Law of 1964.”
Miss. Code Ann. § 75-26-7 — MS Code / Title 75 / Chapter 12 / Section 26-7
Miss. Code Ann. § 75-26-7
Status: in_force

(1) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

(2) If willful and malicious misappropriation exists, the court may award exemplary damages.
Miss. Code Ann. § 75-27-21 — MS Code / Title 75 / Chapter 12 / Section 27-21
Miss. Code Ann. § 75-27-21
Status: in_force

The director shall from time to time test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which monies are appropriated by the legislature, reporting his findings, in writing, to the supervisory board and to the executive officer of the institution concerned.
Miss. Code Ann. § 75-53-11 — MS Code / Title 75 / Chapter 12 / Section 53-11
Miss. Code Ann. § 75-53-11
Status: in_force

Specimens for examination and analysis shall be taken by the state chemist or by duly authorized inspectors. In the execution of their duties, inspectors shall have access during reasonable business hours to places where paint, putty, linseed oil, or other paint oils, turpentine, or varnish is sold, and they shall tender the owner the market price for all specimens taken by them.
Miss. Code Ann. § 75-27-43 — MS Code / Title 75 / Chapter 12 / Section 27-43
Miss. Code Ann. § 75-27-43
Status: in_force

In addition to the declarations required by Section 75-27-41 , any commodity in package form, the package being one of a lot containing random weights, measures, or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count.
Miss. Code Ann. § 75-43-37 — MS Code / Title 75 / Chapter 12 / Section 43-37
Miss. Code Ann. § 75-43-37
Status: in_force

(1) It shall be the duty of each farm warehouseman to whom a warehouse receipt or receipts have been issued to maintain the grade of the grain which he certified in his application for a warehouse receipt, as required by Section 75-43-7 .

(2) If the farm warehouseman does not maintain the grade of the grain which he certified in the application, he shall be liable on his bond, or on the amount posted in lieu of the bond, to the holder of the warehouse receipt who has made demand for the redemption of the receipt for the amount of the damages sustained by the holder of the receipt. The holder of the receipt shall give notice to the commissioner, and payment shall be made, in accordance with the procedure set forth in Section 75-43-35 .

(3) The right of the holder of the warehouse receipt to make a claim against the bond or amount posted in lieu of the bond for failure of the warehouseman to maintain the grade of the grain shall exist only while the grain is still in the warehouse or on the premises of the storage facility. Once the holder of the receipt removes the grain from the premises of the storage facility, he relinquishes all right to make a claim against the bond or amount posted in lieu of the bond for damages sustained because of a decrease in the grade of the grain.
Miss. Code Ann. § 75-23-1 — MS Code / Title 75 / Chapter 12 / Section 23-1
Miss. Code Ann. § 75-23-1
Status: in_force

This article shall be known and may be cited as the “Unfair Cigarette Sales Law.”
Miss. Code Ann. § 75-47-9 — MS Code / Title 75 / Chapter 12 / Section 47-9
Miss. Code Ann. § 75-47-9
Status: in_force

(1) Any commercial fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the information required by Section 75-47-7 (1)(a), (b), (c), and (d) of this chapter. In case of bulk shipments, this information in written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery.

(2) A commercial fertilizer formulated according to specifications which are furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis, and the name and address of the distributor.
Miss. Code Ann. § 75-44-9 — MS Code / Title 75 / Chapter 12 / Section 44-9
Miss. Code Ann. § 75-44-9
Status: in_force

No person shall operate a grain warehouse or issue a warehouse receipt without first having obtained a license pursuant to this chapter unless such grain warehouse is licensed under the provisions of the United States Warehouse Act, as amended.
Miss. Code Ann. § 75-27-61 — MS Code / Title 75 / Chapter 12 / Section 27-61
Miss. Code Ann. § 75-27-61
Status: in_force

The director is authorized to apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of this article.
Miss. Code Ann. § 75-17-107 — MS Code / Title 75 / Chapter 12 / Section 17-107
Miss. Code Ann. § 75-17-107
Status: in_force

Unless otherwise provided by law, interim financing in anticipation of a confirmed grant or loan by the state of Mississippi or a county, municipality or political subdivision thereof and described in Sections 19-9-28 and 21-33-326, Mississippi Code of 1972 , shall bear interest at a rate not to exceed nine percent (9%) per annum.
Miss. Code Ann. § 75-25-19 — MS Code / Title 75 / Chapter 12 / Section 25-19
Miss. Code Ann. § 75-25-19
Status: in_force

The secretary shall by regulation establish a classification of goods and services for convenience of administration of this chapter, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the secretary may require payment of a fee for each class. To the extent practical, the classification of goods and services should conform to the classification adopted by the United States Patent and Trademark Office.
Miss. Code Ann. § 75-44-7 — MS Code / Title 75 / Chapter 12 / Section 44-7
Miss. Code Ann. § 75-44-7
Status: in_force

The commissioner shall carry out and enforce the provisions of this chapter and is hereby empowered to promulgate rules and regulations to carry out necessary inspections and to appoint and fix the duties of his personnel and provide such equipment as may be necessary to assist him in enforcing the provisions thereof.
Miss. Code Ann. § 75-12-9 — MS Code / Title 75 / Chapter 12 / Section 12-9
Miss. Code Ann. § 75-12-9
Status: in_force

(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.

(b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.

(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.

(d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words “ unless otherwise agreed ”, or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.

(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
Miss. Code Ann. § 75-57-117 — MS Code / Title 75 / Chapter 12 / Section 57-117
Miss. Code Ann. § 75-57-117
Status: in_force

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

(2) Any appeal from the board's decision shall be filed in the circuit court of the county where the board has its office. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings in circuit court shall be conducted as other matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings before the board, and the filing of a bond in the sum of Five Hundred Dollars ($500.00) conditioned that if the action of the board be affirmed by the circuit court, the aggrieved party shall pay the costs of the appeal to the circuit court.

(3) The scope of review of the circuit court in such cases shall be limited to a review of the record made before the board to determine if the action of the board is unlawful for the reason that it was:

(a) Not supported by any substantial evidence;

(b) Arbitrary or capricious; or

(c) In violation of some statutory or constitutional right of the individual.

(4) No relief shall be granted based upon the court's finding of harmless error by the board in complying with the procedural requirements of this chapter. If there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the court.

(5) Any party aggrieved by action of the circuit court may appeal in the manner provided by law.
Miss. Code Ann. § 75-56-7 — MS Code / Title 75 / Chapter 12 / Section 56-7
Miss. Code Ann. § 75-56-7
Status: in_force

(1) The State Chemist and the commissioner, following the terms of the Mississippi Administrative Procedures Act, may make and adopt such reasonable rules, regulations and standards of antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant strength, properties and nomenclature as may be necessary in order to secure the efficient administration of this chapter.

(2) It is desirable that there should be uniformity between the requirements of the several states. Therefore, the State Chemist and the commissioner are directed, consistent with the purposes of this chapter, to so enforce this chapter as to achieve such uniformity and are also authorized and empowered to cooperate with and enter into agreements with any other agency of this state, or any other state regulating antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant, for the purpose of carrying out the provisions of this chapter and securing uniformity of regulations in conformity to the primary standards established by this chapter.
Miss. Code Ann. § 75-27-321 — MS Code / Title 75 / Chapter 12 / Section 27-321
Miss. Code Ann. § 75-27-321
Status: in_force

(1) No person shall assume the title of licensed weighmaster, or any title of similar import, perform the duties or acts to be performed by a licensed weighmaster under this article, hold himself or herself out as a licensed weighmaster, issue any weight certificate, ticket, memorandum or statement for which a fee is charged, or engage in the full-time or part-time business of public weighing, unless he or she holds a valid license as a bonded weighmaster.

(2) The commissioner is authorized to suspend or revoke the license of any bonded weighmaster (a) when he is satisfied, after a hearing upon ten (10) days' notice to the licensee, said licensee has violated any provision of this regulation, or (b) when a bonded weighmaster has been convicted in any court of competent jurisdiction of violating any provision of this regulation.

(3) Any person who requests a bonded weighmaster to weigh or measure any property, produce, commodity or article falsely or incorrectly, or who requests a false or incorrect weight or measurement certificate, or any person who issues a weight or measurement certificate simulating the weight or measurement certificate prescribed in this article and who is not a bonded weighmaster, shall be guilty of a misdemeanor.

(4) Any bonded weighmaster who falsifies a weight or measurement certificate, or who delegates his authority to any person not licensed as a bonded weighmaster, or who preseals a weight or measurement certificate with his official seal before performing the act of weighing or measuring, shall be guilty of a misdemeanor.

(5) Any person who violates any provision of this article or any rule or regulation promulgated pursuant thereto for which no specific penalty had been provided shall be guilty of a misdemeanor.
Miss. Code Ann. § 75-51-3 — MS Code / Title 75 / Chapter 12 / Section 51-3
Miss. Code Ann. § 75-51-3
Status: in_force

Temperature and pressure relief valves, or combinations thereof shall have thermosetting of not more than two hundred ten (210) degrees fahrenheit and pressure setting not to exceed the tank or heater manufacturer's rated working pressure. The relieving capacity of these two (2) devices shall each equal or exceed the heat input to the water heater or storage tank.

Temperature type or pressure-temperature type valves shall be installed in the shell of the water heater tank or may be installed in the hot water outlet, provided the thermo-bulb extends into the shell of the tank, and in all cases installed at the highest practical point. For installations with separate storage tank, said valves shall all be installed on the tank and there shall not be any type of valve installed between the water heater and the storage tank. Temperature relief valves shall be so located in the tank as to be actuated by the water in the top one-eighth ( 1 / 8 ) of the tank served.

Pressure relief valves may be located adjacent to the equipment they serve. There shall be no check valve or shut-off valve between a relief valve and the heater or tank for which it is installed.

The outlet of a pressure, temperature, or other relief valve shall not be connected to the drainage system as a direct waste.
Miss. Code Ann. § 75-21-13 — MS Code / Title 75 / Chapter 12 / Section 21-13
Miss. Code Ann. § 75-21-13
Status: in_force

(1) No corporation shall acquire directly or indirectly, the whole or any part of the capital stock of any competing corporation doing business in this state, nor directly or indirectly acquire the franchise, plant or equipment of any other competing corporation doing business in this state if such other corporation be engaged in the same kind of business and be a competitor therein, where the effect of such acquisition of stock, franchise, plant or equipment may be to substantially lessen competition or to restrain trade or competition in the state, or any community thereof, or tend to create a monopoly of any line of commerce and will be inimical to public welfare. This section shall not apply to corporations purchasing such stock in payment of an indebtedness, and not using the same by voting, or otherwise, to bring about or attempting to bring about, the substantial lessening of competition. Provided, however, that fire and marine insurance corporations may own stock in other insurance companies and may be licensed to do business in this state, or authorized to continue business in this state, but the state insurance commissioner may refuse permission to any company to be licensed in the first instance or he may subsequently revoke the license of any company if it appears after notice and hearing that to permit one (1) insurance corporation owning stock in a competing corporation to continue to do business in this state would be injurious to, or contrary to the public interest.

(2) The provisions of this chapter shall not apply to:

(a) Any action taken by a board of trustees of a community hospital if acting in accordance with Section 41-13-35(5)(t) through (ff) , including, but not limited to, entering into agreements, collaboratives, mergers and other similar arrangements with other public or private health care-related organizations, or with for-profit or nonprofit corporations, or other similar organizations;

(b) Any action taken by the academic medical center and its health care collaboratives if acting in accordance with Sections 37-115-50 through 37-115-50.3 , including, but not limited to, entering into agreements, collaboratives, mergers and other similar arrangements with other public or private health care-related organizations, or with for-profit or nonprofit corporations, or other similar organizations; or

(c) Any action taken by a private hospital as defined in Section 41-9-305 if acting in accordance with Sections 41-9-301 through 41-9-311 .
Miss. Code Ann. § 75-15-35 — MS Code / Title 75 / Chapter 12 / Section 15-35
Miss. Code Ann. § 75-15-35
Status: in_force

Each licensee shall comply with state and federal money laundering laws, including, but not limited to, the federal “Bank Secrecy Act,” 12 USC Section 1951 et seq.
Miss. Code Ann. § 75-33-37 — MS Code / Title 75 / Chapter 12 / Section 33-37
Miss. Code Ann. § 75-33-37
Status: in_force

(1) Any person who violates the provisions of this article shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than one (1) year, or both; however, if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in Section 4(g)(8) of the U. S. Poultry Inspection Act as amended), such person shall be fined not more than ten thousand dollars ($10,000.00) or imprisoned not more than three (3) years, or both. When construing or enforcing the provisions of said sections the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as of such person.

(2) No carrier for hire shall be subject to the penalties of this article, other than the penalties for violation of Section 11 of the U. S. Poultry Inspection Act as amended, by reason of his receipt, carriage, holding, or delivery, in the usual course of business, as a carrier, of poultry or poultry products, owned by another person unless the carrier has knowledge, or is in possession of facts which would cause a reasonable person to believe that such poultry or poultry products were not inspected or marked in accordance with the provisions of this article or were otherwise not eligible for transportation under this article or unless the carrier refuses to furnish on request of a representative of the commissioner of agriculture and commerce, the name and address of the person from whom he received such poultry or poultry products, and copies of all documents, if any there be, pertaining to the delivery of the poultry or poultry products to such carrier.

(3) Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this article shall be fined not more than five thousand dollars ($5,000.00) or imprisoned not more than three (3) years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than ten thousand dollars ($10,000.00) or imprisoned not more than ten (10) years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this article shall be punished as provided by the general laws of this state.
Miss. Code Ann. § 75-23-25 — MS Code / Title 75 / Chapter 12 / Section 23-25
Miss. Code Ann. § 75-23-25
Status: in_force

The State Tax Commission shall prescribe, adopt and enforce rules and regulations relating to the administration and enforcement of the Unfair Cigarette Sales Law.

The commission is hereby empowered to and may from time to time undertake and make or cause to be made one or more cost surveys for the state or such trading area or areas as it shall define and when a cost survey shall have been made by or approved by it, it shall be permissible to use the cost survey as provided in Section 75-23-19(b) . The commission may revoke or suspend the license issued under the provisions of this law or the tobacco tax law of this state, of any person who refuses or neglects to comply with any provisions of this article or any rule or regulation of the commission prescribed under this article.

Whenever any person fails to comply with any provision of the Unfair Cigarette Sales Law or any rule or regulation of the commission promulgated thereunder, the commission, or a hearing officer or the board of review, as designated by the commissioner, after a show cause hearing, may revoke or suspend the license held by the person.

Any ruling, order or decision of the commission shall be subject to review, as provided by law, in any court of competent jurisdiction in the county in which the person affected resides.
Miss. Code Ann. § 75-44-23 — MS Code / Title 75 / Chapter 12 / Section 44-23
Miss. Code Ann. § 75-44-23
Status: in_force

(1) Upon satisfaction of Sections 75-44-9 through 75-44-21 , and 75-44-29 through 75-44-33 , and any applicable regulations by an applicant, the commissioner shall issue a license to operate a grain warehouse.

(2) If after proper application, the commissioner denies any person, partnership, association or corporation a license to operate a grain warehouse, the commissioner shall transmit immediately to said applicant by certified mail an order so providing which shall state the reasons for said denial. In the event the applicant is dissatisfied at the decision of the commissioner, the applicant may request a hearing within ninety (90) days with the commissioner to appear and defend its compliance with all appropriate regulations and/or give evidence that all deficiencies have been corrected. If after said hearing, the commissioner denies applicant a license, the commissioner shall transmit immediately to applicant by certified mail an order so providing which shall state the reasons for said denial. In the event the applicant is dissatisfied at the decision of the commissioner after the hearing, the applicant may appeal to the chancery court of the county where the grain warehouse is located within thirty (30) days of the date of said order in accordance with the provisions of subsection (2) of Section 75-44-25 .
Miss. Code Ann. § 75-25-5 — MS Code / Title 75 / Chapter 12 / Section 25-5
Miss. Code Ann. § 75-25-5
Status: in_force

(a) Subject to the limitations set forth in this chapter, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth, but not limited to, the following information:

(1) The name and business address of the person applying for such registration; and, if a corporation, the state of incorporation, or if a partnership or other entity, the state in which the entity is organized and the names of the general partners, owners and/or managers, as specified by the secretary;

(2) The goods or services on or in connection with which the mark is used and the mode or manner in which the mark is used on or in connection with such goods or services and the class in which such goods or services fall;

(3) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or predecessor in interest; and

(4) A statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered, either federally or in this state, or has the right to use such mark either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of such other person, to cause confusion, or to cause mistake, or to deceive.

(b) The secretary may also require a statement as to whether an application to register the mark, or portions or a composite thereof, has been filed by the applicant or a predecessor in interest in the United States Patent and Trademark Office; and, if so, the applicant shall provide full particulars with respect thereto including the filing date and serial number of each application, the status thereof and, if any application was finally refused registration or has otherwise not resulted in a registration, the reasons therefor.

(c) The secretary may also require that a drawing of the mark, complying with such requirements as the secretary may specify, accompany the application.

(d) The application shall be signed and verified by oath, affirmation or declaration subject to perjury laws by the applicant or by a member of the firm or an officer of the corporation or association applying.

(e) The application shall be accompanied by three (3) specimens showing the mark as actually used.

(f) The application shall be accompanied by the application fee payable to the Secretary of State.
Miss. Code Ann. § 75-27-17 — MS Code / Title 75 / Chapter 12 / Section 27-17
Miss. Code Ann. § 75-27-17
Status: in_force

The director shall have the custody of the state standards of weight and measure and of the other standards and equipment provided for by this article, and shall keep accurate records of the same. The director shall enforce the provisions of this article. He shall have and keep a general supervision over the instruments for weighing and measuring offered for sale, sold, or in use in the state. He shall, annually, make to the governor, secretary of the senate and the clerk of the house of representatives, a report on all of the activities of his office.
Miss. Code Ann. § 75-35-201 — MS Code / Title 75 / Chapter 12 / Section 35-201
Miss. Code Ann. § 75-35-201
Status: in_force

(1) The department of agriculture and commerce is hereby designated as the state agency which shall be responsible for cooperating with the secretary of agriculture of the United States under the provisions of Section 301 of the Federal Meat Inspection Act and such agency is directed to cooperate with the secretary of agriculture of the United States in developing and administering the meat inspection program of this state under this chapter to assure that not later than November 15, 1969, its requirements will be at least equal to those imposed under Titles I and IV of the Federal Meat Inspection Act and in developing and administering the program of this state under Article 3 of this chapter in such a manner as will effectuate the purposes of this chapter and said federal act.

(2) In such cooperative efforts, the department of agriculture and commerce is authorized to accept from said secretary advisory assistance in planning and otherwise developing the state program, technical and laboratory assistance and training (including necessary curricular and instructional materials and equipment), and financial and other aid for administration of such a program. The department of agriculture and commerce is further authorized to spend public funds of this state appropriated for administration of this chapter to pay fifty per centum (50%) of the estimated total cost of the cooperative program.

(3) The department of agriculture and commerce is further authorized to recommend to the said secretary of agriculture such officials or employees of this state as the department of agriculture and commerce shall designate, for appointment to the advisory committees provided for in Section 301 of the Federal Meat Inspection Act; and the department of agriculture and commerce shall serve as the representative of the governor for consultation with said secretary under paragraph (c) of this section of said act unless the governor shall select another representative.
Miss. Code Ann. § 75-33-25 — MS Code / Title 75 / Chapter 12 / Section 33-25
Miss. Code Ann. § 75-33-25
Status: in_force

It is unlawful for any agent of the commissioner, or any meat-hygiene agent:

1. To approve or pass any diseased animal intended to be slaughtered for food, or any unwholesome meat, or any unwholesome meat-food product;

2. To fail to condemn and mark, and cause to be rendered unfit for food, any diseased animal, unwholesome meat, or unwholesome meat-food product, found on examination of any establishment to be unfit for food;

3. To fail to report as required any violation of this article;

4. Directly or indirectly to accept or agree to accept anything of value, monetary or otherwise, given or offered to such agent to influence him in the discharge of his duties.
Miss. Code Ann. § 75-44-49 — MS Code / Title 75 / Chapter 12 / Section 44-49
Miss. Code Ann. § 75-44-49
Status: in_force

(1) Every receipt issued for grain stored in a grain warehouse shall conform to the requirements of Section 75-7-202 and in addition shall embody within its written or printed terms:

(a) A statement that the holder of the receipt or the depositor of the grain shall demand the delivery of the grain on or before a date not later than one (1) year from the date specified thereon by the grain warehouseman;

(b) The net weight, number of bushels, percentage of dockage and the grading factors and the grade.

(2) A grain warehouseman shall not insert any language in any warehouse receipt or make any contract with respect to any warehouse receipt which purports to limit the liabilities or responsibilities imposed on him by law.

(3) The possession of an indorsed warehouse receipt shall be prima facie evidence of grain in storage and the rightful ownership of such document and grain.
Miss. Code Ann. § 75-27-315 — MS Code / Title 75 / Chapter 12 / Section 27-315
Miss. Code Ann. § 75-27-315
Status: in_force

(1) The commissioner shall prescribe the form of weight or measurement certificate to be used by all bonded weighmasters in this state.

(2) Such weight or measurement certificate shall include but shall not be limited to the following:

(a) The name of the property, commodity, produce or article.

(b) The declared owner or agent of the owner or the consignee or the agent of the consignee of the property, commodity, produce or article weighed or measured.

(c) The accurate weight or measurement of the property, commodity, produce or article.

(d) The means (vessel, railroad car, truck, etc.) by which the property, commodity, produce or article was being transported at the time it was weighed or measured.

(e) Any trade or other mark of identification thereon and such other information as may be necessary to distinguish or identify the property, commodity, produce or article from a like kind.

(f) A space designated for the bonded weighmaster seal and the statement “My license expires __________ (Date).”

(g) Signature of the bonded weighmaster who weighed or measured the property, commodity, produce or article recorded on such official weight or measurement certificate.

(h) Such additional information as the commissioner deems necessary for the lawful and accurate recording of weights or measurements.

(3) A licensed bonded weighmaster shall not enter on a weight or measurement certificate issued by him or her any weight or measurement values but such as he or she has personally determined, and shall make no entries on a weight or measurement certificate issued by some other person. A weight or measurement certificate shall be so prepared as to show clearly that weight, weights, measure or measurements were actually determined. If the weight certificate form provides for the entry of gross, tare and net weights, in any case in which only the gross, tare and net weights is determined by the weighmaster, he or she shall strike through or otherwise cancel the printed entries for the weights not determined or computed. If gross and tare weights are shown on a weight certificate and both weights were not determined on the same scale and on the day for which the certificate is dated, the weighmaster shall identify on the certificate the scale used for determining each such weight and the date of each such determination.

(4) Such weight certificate when so made, properly signed and sealed shall be prima facie evidence of the accuracy of such recorded weights or measurements.

(5) Bonded weighmasters shall keep and preserve in an orderly manner, for a period of at least one (1) year, a legible copy of each weight or measurement certificate issued by said licensee, which copies shall be available at all reasonable times for inspection by the commissioner or his representative.

(6) A bonded weighmaster who intentionally or knowingly issues a weight or measurement certificate showing a false weight or measurement for a property, commodity, produce or article shall be guilty of a misdemeanor and shall be punished as provided herein.
Miss. Code Ann. § 75-43-11 — MS Code / Title 75 / Chapter 12 / Section 43-11
Miss. Code Ann. § 75-43-11
Status: in_force

(1) All warehouse receipts issued are hereby made negotiable, transferable and assignable, provided that when the warehouse receipt is issued to a tenant, it shall be issued only subordinate to the landlord's lien and the name of such landlord shall be given thereon. Provided, however, this chapter shall in no way be construed to impair or affect the landlord's lien or any lien created by written instrument and duly recorded as provided by law.

(2) A farm warehouseman may make a valid sale or pledge of any warehouse receipts issued for his own grain stored in his farm warehouse, and the recital of ownership in the receipt shall constitute notice of the right to sell or pledge the same and of the title or specified lien of the transferee or pledgee upon the warehouseman's grain represented by the receipts.
Miss. Code Ann. § 75-60-21 — MS Code / Title 75 / Chapter 12 / Section 60-21
Miss. Code Ann. § 75-60-21
Status: in_force

The commission shall petition the chancery court of the county in which a person or agent offers one or more courses of instruction subject to the provisions of this chapter or advertises for the offering of such courses without a certificate of registration for an order enjoining such offering or advertising. The court may grant such injunctive relief upon a showing that the respondent named in the petition is offering or advertising one or more courses of instruction without a certificate of registration. The Attorney General or the district attorney of the district including the county in which such action is brought, shall, upon request of the commission, represent the commission in prosecuting any such action.
Miss. Code Ann. § 75-40-3 — MS Code / Title 75 / Chapter 12 / Section 40-3
Miss. Code Ann. § 75-40-3
Status: in_force

Any violation of this article shall be a misdemeanor and shall be punishable by imprisonment in the county jail for not more than ninety (90) days or by a fine not to exceed five hundred dollars ($500.00), or both.
Miss. Code Ann. § 75-29-601 — MS Code / Title 75 / Chapter 12 / Section 29-601
Miss. Code Ann. § 75-29-601
Status: in_force

(1) For purposes of this article, “ honey ” shall mean the sweet, syrupy substance produced by honey bees from the nectar of plants (including honeydew) which the bees collect, transform, deposit, dehydrate and store, ripened and matured in the honeycombs. The consistency can be fluid, viscous, or partly to entirely crystallized. The flavor and aroma vary but are derived from the plant origin. “Honey” may not contain any additional food ingredients, including food additives. Every container of honey or honey products sold, offered or exposed for sale, by an individual, firm, organization or corporation in the State of Mississippi shall have on the outside of each container a paper label, permanent type stamped imprint or embossed material on the container itself, plainly printed in the English language truly certifying the net contents of the container, the name, brand, name and address of the person or processor offering such honey or honey products for sale, and a true statement of the contents contained therein.

(2) Adulterated or artificial honey. Any product consisting of honey and a sweetener cannot be labeled as “honey.” If any sweetener has been added to honey, it shall be deemed adulterated or artificial. For a honey product consisting of honey and a sweetener, the label shall, among other information, include the following: All ingredients in descending order of predominance by weight: for example, “blend of honey and corn syrup,” if the honey product has more honey than corn syrup. (Conversely, “blend of corn syrup and honey,” if the honey product has more corn syrup than honey).

(3) Value added honey products (flavored or infused honey). All substances added to honey or honey products which enhance or alter the flavor shall be included on the label in the same size font as the word “honey.” The label shall include the common or usual name of each ingredient in the ingredient statement in descending order of predominance by weight.

(4) Lab-grown honey. Any product outside the definition of honey shall not be considered honey and shall not be labeled as such.

(5) It shall be unlawful for any individual, firm, organization or corporation to label and/or sell, offer for sale or expose for sale at the retail level of trade any product as “honey” that does not meet the minimum requirements established by subsection (1) of this section and by the Mississippi Department of Agriculture and Commerce.

(6) It shall be unlawful for any manufacturer or distributor of honey or honey products to use a fictitious name or address on the container label required herein.
Miss. Code Ann. § 75-12-7 — MS Code / Title 75 / Chapter 12 / Section 12-7
Miss. Code Ann. § 75-12-7
Status: in_force

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 1, 2001.
Miss. Code Ann. § 75-21-27 — MS Code / Title 75 / Chapter 12 / Section 21-27
Miss. Code Ann. § 75-21-27
Status: in_force

But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. A person so testifying shall not thereafter be liable to indictment or presentment by information, nor to prosecution or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of testimony accordingly in bar of such indictment, information or prosecution.
Miss. Code Ann. § 75-45-167 — MS Code / Title 75 / Chapter 12 / Section 45-167
Miss. Code Ann. § 75-45-167
Status: in_force

(1) An inspection fee at the rate of Twenty-five Cents (25¢) per ton shall be paid on commercial feeds distributed in this state by the person whose name appears on the label as the manufacturer, guarantor or distributor, subject to the following:

(a) No fee shall be paid on a commercial feed if the payment has been made by a previous distributor.

(b) No fee shall be paid on customer-formula feeds if the inspection fee is paid on the commercial feeds which are used as ingredients therein.

(c) No fee shall be paid on commercial feeds which are used as ingredients for the manufacture of commercial feeds. If the fee has already been paid, credit shall be given for such payment.

(2) In the case of a commercial feed which is distributed in the state only in packages of ten (10) pounds or less, an annual fee of Twenty-five Dollars ($25.00) per brand shall be paid on or before January 1 of each year in lieu of the inspection fee specified in subsection (1).

(3) The minimum inspection fee shall be Twenty Dollars ($20.00) annually.

(4) Any feed manufactured in the state which is used by a distributor or his contract feeders to feed his own livestock, poultry, or fish, or feed which is distributed in tonnage bulk to any commercial grower of an aquatic species, including, but not limited to, catfish, shall be exempt from the inspection fee on both purchased ingredients and finished feed. To qualify for the above exemption, a permit must be obtained from the commissioner annually and the permit used to obtain exemption on feed ingredients. Any services the Mississippi State Chemical Laboratory or the Mississippi Department of Agriculture and Commerce provide for permit holders will be paid for according to mutually agreeable prices between both parties.
Miss. Code Ann. § 75-26-11 — MS Code / Title 75 / Chapter 12 / Section 26-11
Miss. Code Ann. § 75-26-11
Status: in_force

In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.