Miss. Code Ann. § 69-23-3 — MS Code / Title 69 / Chapter 8 / Section 23-3
Miss. Code Ann. § 69-23-3
Status: in_force

Definitions for the purpose of this chapter:

(a) The term “pesticide” means any substance or mixture of substances intended for preventing, destroying, repelling, mitigating or attracting any pests; and shall also include adjuvants intended to enhance the effectiveness of pesticides; and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

(b) The term “insecticide” means any substance or mixture of substances intended for preventing, destroying, repelling, mitigating or attracting insects which may be present in any environment whatsoever.

(c) The term “fungicide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungi.

(d) The term “rodenticide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating rodents or any other vertebrate animals which the commissioner shall declare to be pests.

(e) The term “herbicide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed.

(f) The term “adjuvant” means any substance that, when added to a pesticide is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modified, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used.

(g) The term “nematicide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes.

(h) The term “plant regulator” means any substance or mixture of substances intended through physiological action, for accelerating the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants, or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.

(i) The term “defoliant” means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.

(j) The term “desiccant” means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.

(k) The term “disinfectant” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating bacteria or other harmful microorganisms; or otherwise frees from infection; commonly applied to inanimate objects.

(l) The term “bactericide” means a substance capable of destroying a given species of vegetative bacteria but not necessarily capable of destroying bacterial spores.

(m) The term “insect” means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms as, for example, beetles, bugs, bees, flies, and to other allied classes of orthropods whose members are wingless and usually have more than six (6) legs as, for example, spiders, mites, ticks, centipedes, and wood lice.

(n) The term “nematodes” means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; may also be called nemas or eelworms.

(o) The term “fungi” means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria except those on or in living man or other animals, and those in or on processed food, beverages or pharmaceuticals.

(p) The term “weed” means any plant which grows where not wanted.

(q) The term “ingredient statement” means:

(i) A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients in the pesticide;

(ii) When the pesticide contains arsenic in any form, the ingredient statement shall also include the percentages of total and water soluble arsenic, each calculated as elemental arsenic;

(iii) In the case of spray adjuvants, the ingredient statement need contain only the names of the functioning agents and the total percentage of the constituents ineffective as spray adjuvants.

(r) The term “active ingredient” means:

(i) In the case of a pesticide other than a plant regulator, defoliant or desiccant an ingredient which will prevent, destroy, repel, attract or mitigate insects, nematodes, fungi, rodents, weeds or other pests;

(ii) In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;

(iii) In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant;

(iv) In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue;

(v) In the case of a spray adjuvant, any ingredient which will act as a functioning agent.

(s) The term “inert ingredient” means an ingredient which is not an active ingredient.

(t) The term “antidote” means the most practical immediate treatment in case of poisoning and includes first aid treatment.

(u) The term “person” means any individual, partnership, association, corporation or organized group of persons, whether incorporated or not.

(v) The term “commissioner” means the Commissioner of Agriculture and Commerce, or his agent.

(w) The term “entomologist” means the State Entomologist of the Mississippi Department of Agriculture and Commerce.

(x) The term “registrant” means the person registering any pesticide pursuant to the provisions of this chapter.

(y) The term “label” means the written, printed, or graphic matter on, or attached to, the pesticide, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the pesticide.

(z) The term “labeling” means all labels and other written, printed or graphic matter:

(i) Upon the pesticide or any of its containers or wrappers;

(ii) Accompanying the pesticide at any time;

(iii) To which reference is made on the label or in literature accompanying the pesticide, except when accurate, nonmisleading reference is made to current official publications of the United States Environmental Protection Agency, Department of Agriculture or Interior, the United States Public Health Service, State Experiment Station, state agricultural colleges, or other similar federal institutions or official agencies of this state, or other states authorized by law to conduct research in the field of pesticides.

(aa) The term “adulterated” shall apply to any pesticide if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the articles, or if any valuable constituent of the article has been wholly or in part abstracted.

(bb) The term “misbranded” shall apply to any pesticide:

(i) If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading to any particular;

(ii) If it is an imitation of or is offered for sale under the name of another pesticide;

(iii) If its labeling does not contain a statement of the use classification under which the product is registered;

(iv) If the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, together with any requirements imposed under the Federal Insecticide, Fungicide and Rodenticide Act, are adequate for the protection of health and environment;

(v) If the label does not contain a warning or caution statement which may be necessary and, if complied with, together with any requirements which may be imposed under the Federal Insecticide, Fungicide and Rodenticide Act, are adequate to protect health and environment;

(vi) If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase; the ingredient statement may appear prominently on another part of the container as permitted under the Federal Insecticide, Fungicide and Rodenticide Act if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;

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

(viii) If in the case of an insecticide, fungicide or herbicide, or nematicide when used as directed or in accordance with commonly recognized practice, it shall be injurious to living man or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide; or

(ix) In the case of a plant regulator, defoliant or desiccant when used as directed it shall be injurious to living man or other vertebrate animals, or vegetation to which it is applied, or to the person applying such pesticide; provided, that physical or physiological effect on plants or parts thereof shall not be deemed to be injurious when this is the purpose for which the plant regulator, defoliant or desiccant was applied, in accordance with the label claims and recommendations.

(cc) The term “environment” includes water, air, land and all plants and man and other animals living therein and inter-relationships which exist among these.

(dd) The term “EPA” means the United States Environmental Protection Agency.

(ee) The term “imminent hazard” means a situation which exists when the continued use of a pesticide during the time required for cancellation under this chapter would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the Secretary of the Interior.

(ff) The term “pest” means:

(i) Any insects, rodents, nematodes, fungi, weeds, or

(ii) Other forms of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living man or other living animals) which the commissioner declares to be a pest.

(gg) The term “licensed pesticide dealer” means any person who distributes or offers for sale restricted use pesticides and/or state restricted use pesticides.

(hh) The term “Pesticide dealer manager” means an individual (who may be the owner) supervising pesticide distribution at one (1) outlet holding a pesticide dealer license.

(ii) The term “protect health and environment” means protection against any unreasonable adverse effects on the environment.

(jj) The term “restricted use pesticide” means any pesticide classified for restricted use by EPA or the commissioner. Any pesticide which is not classified for restricted use by January 1, 1976, will be deemed to be for general use. In order not to deprive the citizens of this state of the benefits derived from newly developed pesticides or uses which may be restricted by EPA after January 1, 1976, the commissioner may register such pesticides for restricted use if that is the only method by which they may be made available to the citizens of Mississippi.

(kk) The term “state restricted pesticide” means any pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the commissioner determines subsequent to a hearing requires additional restrictions for that use to protect the environment, including man, lands, beneficial insects, animals, crops and wildlife other than pests.

(ll) The term “unreasonable adverse effects on the environment” means any unreasonable risk to man or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide.

(mm) The term “FIFRA” means the Federal Insecticide, Fungicide and Rodenticide Act, as amended.
Miss. Code Ann. § 69-27-359 — MS Code / Title 69 / Chapter 8 / Section 27-359
Miss. Code Ann. § 69-27-359
Status: in_force

Except as otherwise authorized in Section 7-5-39 , the Attorney General of the State of Mississippi shall represent the Soil and Water Conservation Commission in issuing, selling and validating bonds authorized under Sections 69-27-345 through 69-27-365 , and the commission is authorized to pay from the proceeds derived from the sale of such bonds or from other funds available to the commission, the reasonable cost of approving attorney's fees, validating, printing, cost of delivery of such bonds and any other necessary costs of issuance.
Miss. Code Ann. § 69-13-113 — MS Code / Title 69 / Chapter 10 / Section 13-113
Miss. Code Ann. § 69-13-113
Status: in_force

Neither the state nor any county shall be liable for any injury which may occur to livestock which is picked up and removed from the highways and highway right-of-ways and impounded, or which may be sold under the provisions of this article.
Miss. Code Ann. § 69-15-7 — MS Code / Title 69 / Chapter 5 / Section 15-7
Miss. Code Ann. § 69-15-7
Status: in_force

The State Veterinarian is authorized and empowered to employ the necessary professional, technical and clerical personnel as he deems necessary to carry out the powers and duties of the board, and to fix their compensation. The board shall appoint from a written list of not less than three (3) licensed veterinarians submitted by the Commissioner of Agriculture and Commerce, a duly licensed and practicing veterinarian as the State Veterinarian, who shall hold a Degree of Veterinary Medicine from a recognized college or university and shall have been engaged in the practice of veterinary science for not less than ten (10) years prior to his appointment. The State Veterinarian shall serve at the will and pleasure of the board and shall enter into a surety bond for the faithful performance of his duties, and the premium therefor shall be paid by the board. The board shall also be authorized to employ an attorney as authorized in Section 69-1-14, Mississippi Code of 1972 .
Miss. Code Ann. § 69-37-23 — MS Code / Title 69 / Chapter 1 / Section 37-23
Miss. Code Ann. § 69-37-23
Status: in_force

(1) For statewide management when assessments are established by passage of a referendum, the commissioner shall have a lien for payment of the assessments, together with any penalties levied under this chapter, against all cotton grown by each cotton grower who grows cotton within the state. This lien shall be of equal dignity with liens for taxes in favor of the state and the commissioner is authorized to issue executions for the collection of the assessments and liens described in this section in like manner as executions are issued for ad valorem property taxes due the state.

(2) In addition, the commissioner shall have a special lien on cotton for payment of assessments, together with any penalties levied under this chapter, which shall be superior to any other lien provided by law, shall arise as of the time the assessments become due and payable, and shall cover all cotton grown by the cotton grower from the date the lien arises until the assessments are paid. However, any buyer of cotton shall take free of the lien if the buyer has not received written notice of the lien from the commissioner, or if he has paid for the cotton by a check in which the department is named as joint payee.

(3) A cotton grower who fails to pay when due and upon reasonable notice any assessment levied under this chapter shall be subject to a per acre penalty as established in the bureau's regulations, in addition to the assessment.

(4) Commercial cotton that is located in sites that cannot be treated adequately because of health, environmental or other concerns shall be deemed to be a public nuisance and shall be destroyed promptly. The commissioner, with the consent of the corporation and the approval of the Attorney General, may apply to the circuit court of the judicial circuit in which the public nuisance is located to have the nuisance condemned and destroyed. This injunctive relief shall be available to the commissioner notwithstanding the existence of any other legal remedy and the commissioner shall not be required to file a bond.

In those cases where commercial cotton is destroyed because of prevented treatment due to health or environmental concerns, the owner of the cotton shall be compensated for that portion of the crop that is destroyed. The per acre amount of the payments shall be based on a reasonable estimate of the value of the crop as determined by the commissioner in consultation with the corporation and the affected producer. Payments for those losses shall be funded by assessment fees paid by cotton growers and administered by the corporation.
Miss. Code Ann. § 69-31-7 — MS Code / Title 69 / Chapter 1 / Section 31-7
Miss. Code Ann. § 69-31-7
Status: in_force

If an inspection or comparative test reveals that the moisture-measuring device being inspected or tested conforms to the standards and specifications established by the department, the department shall cause the same to be marked with an appropriate seal. Any moisture-measuring device which upon inspection is found not to conform with the specifications and standards established by the department shall be marked with an appropriate seal showing such device to be defective. The seal shall not be altered or removed until said moisture-measuring device is properly repaired and reinspected. The department shall notify the owner or user of such device of its defective condition. Notification shall be made on an inspection form prepared by the department.
Miss. Code Ann. § 69-7-653 — MS Code / Title 69 / Chapter 2 / Section 7-653
Miss. Code Ann. § 69-7-653
Status: in_force

This article shall be administered by the Commissioner of Agriculture and Commerce.
Miss. Code Ann. § 69-5-117 — MS Code / Title 69 / Chapter 2 / Section 5-117
Miss. Code Ann. § 69-5-117
Status: in_force

The board of supervisors of any of the counties composing the Mississippi Delta Livestock Fair Association, as provided by Section 69-5-115 , is authorized and empowered within its discretion to appropriate not exceeding fifteen hundred dollars per annum out of the general funds of such counties or as hereinafter provided for the purpose of maintaining and supporting the said Mississippi Delta Livestock Fair Association, and to aid in payment of premiums and awards given by livestock shows held by said association in said livestock district, and to help defray the expenses of such livestock shows; and any funds appropriated for the purpose herein provided may be appropriated by the board direct for the purpose herein mentioned, or the board may pay such funds direct to the directors of said livestock fair association, and said funds shall be used exclusively for the purpose herein mentioned; and if said funds are paid to the directors of said livestock fair association, then said funds shall be used exclusively by the directors of the livestock fair association for the purpose of maintaining and supporting the livestock fair association, and to aid in the payment of premiums and awards given by livestock shows held by said association in said district; and in the event said funds are appropriated and paid over to the directors of said association, it shall be the duty of said directors to keep a strict account of how such funds are used for that association, and they are hereby required to render to the board an itemized statement annually of all expenditures made by it under this section.
Miss. Code Ann. § 69-13-109 — MS Code / Title 69 / Chapter 5 / Section 13-109
Miss. Code Ann. § 69-13-109
Status: in_force

When any livestock shall have been taken up and impounded in the enclosure to be provided by the board of supervisors, the sheriff of said county or counties shall be responsible for having the descriptions of all such livestock published in one weekly newspaper with general circulation in that part of the county where livestock was taken up. Such notice shall be in substantially the following form:

“To Whom It May Concern:

You are hereby notified that the following described livestock (giving full and accurate description of same, including marks and brands) is now impounded at (giving location where livestock is impounded) __________ and the amount due by reason of such impounding is $ __________ dollars per day. The above described livestock will, unless redeemed within five (5) days from date hereof, be offered for sale at public auction to the highest and best bidder for cash.

____________

___________________________________________________________________________

Date

Sheriff of __________ County, Mississippi”

Unless the impounded livestock is redeemed within five days from date of notice, the sheriff shall forthwith give notice of sale thereof which shall be held not less than five days nor more than twelve days (excluding Sundays and holidays) from the first publication of the notice of sale. Said notice of sale shall be published in a newspaper of general circulation in the said county (excluding Sundays and holidays) and by posting a copy of such notice at the court house door. If there be no such newspaper then by posting such copy at the court house door and at two other conspicuous places in said county.

Such notice of sale shall be in substantially the following form:

“(Name of owner, if known, otherwise ‘To Whom It May Concern’) you are hereby notified that I will offer for sale and sell at public sale to the highest and best bidder for cash the following described livestock (giving full and accurate description of each head of livestock) at __________ o'clock, __________.M. (the hour of sale to be between 11 o'clock A.M. and 2 o'clock P.M. Central Standard Time) on the ___ day of __________ at the following place: __________ (which place shall be where the livestock is impounded or at the place provided by the county commissioners for the taking up and keeping of such livestock) to satisfy a claim in the sum of __________ for fees, expenses for feeding and care and costs hereof.

____________

___________________________________________________________________________

Date

Sheriff of __________ County, Mississippi”

If the rightful owners shall claim the impounded animals, they may do so by paying all assessments or liens as herein provided, after signing for them on forms provided by the commissioner of public safety, such forms to include the descriptions of said animals. All receipts shall be deposited in a special fund known as the “Sheriff's Livestock Sale Fund.” If it is later determined who the rightful owners are, the sheriff may have refunded to them the selling price after all liens are paid. Any funds accrued in this account shall, on June first of each year, be transferred to the general county fund.
Miss. Code Ann. § 69-27-35 — MS Code / Title 69 / Chapter 5 / Section 27-35
Miss. Code Ann. § 69-27-35
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(p) No provision with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to a district organized hereunder unless the Legislature shall specifically so state.
Miss. Code Ann. § 69-15-7 — MS Code / Title 69 / Chapter 1 / Section 15-7
Miss. Code Ann. § 69-15-7
Status: in_force

The State Veterinarian is authorized and empowered to employ the necessary professional, technical and clerical personnel as he deems necessary to carry out the powers and duties of the board, and to fix their compensation. The board shall appoint from a written list of not less than three (3) licensed veterinarians submitted by the Commissioner of Agriculture and Commerce, a duly licensed and practicing veterinarian as the State Veterinarian, who shall hold a Degree of Veterinary Medicine from a recognized college or university and shall have been engaged in the practice of veterinary science for not less than ten (10) years prior to his appointment. The State Veterinarian shall serve at the will and pleasure of the board and shall enter into a surety bond for the faithful performance of his duties, and the premium therefor shall be paid by the board. The board shall also be authorized to employ an attorney as authorized in Section 69-1-14, Mississippi Code of 1972 .
Miss. Code Ann. § 69-37-17 — MS Code / Title 69 / Chapter 3 / Section 37-17
Miss. Code Ann. § 69-37-17
Status: in_force

(1) At the request of the corporation, the bureau shall authorize a statewide referendum among all Mississippi cotton growers on the question of whether an assessment, not to exceed One Dollar ($1.00) per acre, shall be levied upon all cotton producers to offset, in whole or in part, the cost of maintaining the corporation, conducting referenda, and/or conducting a program to collect data and information on boll weevil populations and control costs. Any assessments levied for data-collecting programs as a result of the referendum shall be in addition to assessments being collected to support any other boll weevil management programs in the state.

(2) At the request of the corporation, the bureau shall authorize a statewide referendum among all Mississippi cotton growers on the question of whether an assessment, not to exceed Twelve Dollars ($12.00) per acre, shall be levied upon all cotton growers to offset, in whole or in part, the cost of managing boll weevil suppression, pre-eradication, eradication, or post-eradication programs authorized by this chapter or by any other law of this state. The programs shall be designed on a statewide basis.

(3) The assessment levied under this chapter shall be based upon the level of boll weevil infestation and the anticipated cost of conducting the proposed program, as determined by available scientific data, and the number of acres of cotton planted in the specified management zone. The maximum amount of the assessment, the period of time for which it shall be levied, how it shall be levied, and when it shall be paid shall be determined by the bureau and the board and established by regulations according to this section. The maximum amount of the assessment, the period of time for which it will be levied, and when the payment is due shall appear on all ballots for the referenda authorized by subsections (1) and (2) of this section.

(4) All cotton growers having membership in a local cotton growers association shall be entitled to vote in any referendum authorized by subsections (1) and (2) of this section, and the bureau, after consultation with the corporation, shall determine any questions of eligibility to vote. A cotton grower must be growing cotton within this state and be a member of a local cotton growers association in order to be eligible to vote in elections and referenda concerning boll weevil management practices.

(5) Each eligible cotton grower shall be mailed a ballot upon which to cast a vote for or against the boll weevil suppression, pre-eradication, eradication or post-eradication program.

(6) Passage of a referendum under subsection (1) or (2) of this section shall require that at least twenty percent (20%) of the registered cotton growers vote in the referendum and that a majority of those voting statewide approve the referendum.

(7)(a) The assessments collected by the department under this chapter shall be promptly remitted to the State Treasury on behalf of the corporation in the special fund established in paragraph (b) of this subsection to be held in trust for the use and benefit of the corporation in administering the designated boll weevil management program through the suppression, pre-eradication, eradication or post-eradication of boll weevils.

(b) There is created within the State Treasury a special fund to be designated the “Mississippi Boll Weevil Management Corporation Trust Fund” into which shall be deposited all the revenues collected by the department for assessments levied under the provisions of this section. Monies in the fund shall be disbursed upon warrants issued by the State Fiscal Officer upon requisitions signed by the corporation's board. Monies in the fund shall remain inviolate and any unexpended amounts remaining in the fund at the end of the fiscal year, and any interest earned thereon, shall be divested to the corporation.

(8)(a) The corporation shall provide to the department an annual audit of its accounts performed by a certified public accountant.

(b) The corporation shall provide the annual audit no later than November 15 for the preceding calendar year.

(9) The assessments collected by the department under this chapter shall not be considered as “state” funds.

(10) Upon completion or termination of a program, any unused funds shall be transferred to and deposited in the Boll Weevil Management Fund created under Section 69-37-39 , for the purpose of being used if there is a future occurrence of a boll weevil outbreak in the state.
Miss. Code Ann. § 69-2-23 — MS Code / Title 69 / Chapter 1 / Section 2-23
Miss. Code Ann. § 69-2-23
Status: in_force

Such bonds may be executed and delivered by the state at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in fully registered form or in bearer form registrable either as to principal or interest, or both, may bear such conversion privileges and be payable in such installments and at such time or times not exceeding twenty (20) years from the date thereof, may be payable at such place or places, whether within or without the State of Mississippi, may bear interest payable at such time or times and at such place or places and evidenced in such manner, and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the State Bond Commission under which the bonds are authorized to be issued. Such bonds shall not bear a greater overall maximum interest rate to maturity than that authorized by law for general obligation bonds. If deemed advisable by the State Bond Commission, there may be retained in the proceedings under which any such bonds are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and briefly recited or referred to on the face of the bonds, but nothing herein contained shall be construed to confer on the state any right or option to redeem any bonds, except as may be provided in the proceedings under which they shall be issued. Any such bonds shall be sold on sealed bids at public sale, and for such price as the State Bond Commission determines to be in the best interest of the State of Mississippi, but no such sale shall be made at a price less than par value plus accrued interest to date of delivery of the bonds to the purchaser. The state may pay all expenses, premiums and commissions which the State Bond Commission may deem necessary or advantageous in connection with the issuance thereof, but solely from the proceeds of the bonds. The issuance by the state of one or more series of bonds shall not preclude it from issuing other series of bonds, but the proceedings under which any subsequent bonds may be issued shall recognize and protect any prior pledge made for any prior issuance of bonds.
Miss. Code Ann. § 69-23-11 — MS Code / Title 69 / Chapter 5 / Section 23-11
Miss. Code Ann. § 69-23-11
Status: in_force

(1) The commissioner or his employees, with proper identification and during normal working hours, shall have free access to all places of business, factories, buildings, carriages, cars, stores, warehouses and other places where pesticides are offered for sale or kept for sale or distribution or use and application, and shall have authority to inspect or open any container of pesticide and to take a sample for the purpose of examination and analysis. It shall be the duty of the commissioner to take such samples and deliver them to the State Chemist for examination and analysis.

(2) It shall be the duty of the State Chemist to cause as many analyses to be made of samples delivered to him by the commissioner as may be necessary to properly carry into effect the intent of this chapter. He shall make reports of such analysis to the commissioner and to the manufacturer, firm or person responsible for placing on the market the pesticide represented by the samples.

(3) If it appears that any pesticide fails to comply with the provisions of this chapter, or if provisions of this chapter are violated, the commissioner may proceed with appropriate action as provided in this chapter or under the administrative hearing procedures provided in Section 69-25-51 et seq. If, in the opinion of the commissioner, it appears that the provisions of the chapter have been violated, the commissioner may refer the facts to the county attorney, district attorney or Attorney General.

(4) It shall be the duty of each county attorney, district attorney or Attorney General to whom any such violation is reported to cause appropriate proceedings to be instituted and prosecuted in the appropriate court without delay.

(5) The commissioner shall, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of this chapter.
Miss. Code Ann. § 69-23-1 — MS Code / Title 69 / Chapter 8 / Section 23-1
Miss. Code Ann. § 69-23-1
Status: in_force

This chapter shall be known and cited as the Mississippi Pesticide Law of 1975.
Miss. Code Ann. § 69-27-37 — MS Code / Title 69 / Chapter 9 / Section 27-37
Miss. Code Ann. § 69-27-37
Status: repealed

The commissioners of any district shall have authority to formulate regulations governing the use of lands within the district in the interest of conserving water and soil and soil resources and preventing and controlling soil erosion subject to the approval of and acceptance by two-thirds ( 2 / 3 ) of the landowners owning at least sixty-six and two-thirds per cent (66 2 / 3 ) of the lands affected by such proposed regulations. Such regulations shall be compatible with state laws, particularly those related to the board of water commissioners.

The commissioners may conduct such public meetings and public hearings upon tentative regulations as may be necessary to assist them in this work. The commissioners shall not have authority to enact such water and land use regulations into law until after they shall have caused due notice to be given of their intention to conduct a referendum for submission of such regulations to the owners of lands lying within the boundaries of the district for their indication of approval or disapproval of such proposed regulations, and until after the commissioners have considered the result of such referendum. The proposed regulations shall be embodied in a proposed ordinance. Copies of such proposed ordinance shall be available for the inspection of all eligible voters during the period between publication of such notice and the date of the referendum. The notices of the referendum shall recite the contents of such proposed ordinance, or shall state where copies of such proposed ordinance may be examined. The question shall be submitted by ballots, upon which the words “for approval of proposed ordinance No. __________, prescribing land and water use regulations for conservation of soil and water and prevention of erosion” and “against approval of proposed ordinance No. __________, prescribing water and land use regulations for conservation of soil and water and prevention of erosion” shall appear, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose approval of such proposed ordinance. The commissioners shall supervise such referendum, shall prescribe appropriate regulations governing the conduct thereof, and shall publish the result thereof. All owners of land within the district shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted.

The commissioners shall not have authority to enact such proposed ordinance into law unless two-thirds ( 2 / 3 ) of the landowners owning at least sixty-six and two-thirds per cent (66 2 / 3 %) of all lands affected by such proposed ordinance shall have voted in favor thereof. The approval of the proposed ordinance by two-thirds ( 2 / 3 ) of the landowners owning at least sixty-six and two-thirds per cent (66 2 / 3 %) of the land affected by such ordinance shall not be deemed to require the commissioners to enact such proposed ordinance into law. Water and land use regulations prescribed in ordinances adopted pursuant to the provisions of this section by the commissioners of any district shall have the force and effect of law in the said district.

Any owners or operators of land within such district may at any time file a petition with the commissioners asking that any or all of the water and land use regulations prescribed in any ordinance adopted by the commissioners under the provisions of this section shall be amended, supplemented or repealed. Water and land use regulations prescribed in any ordinance adopted pursuant to the provisions of this section shall not be amended, supplemented, or repealed except in accordance with the procedure prescribed in this section for adoption of water and land use regulations. Referendums on adoption, amendment, supplementation, or repeal of water and land use regulations shall not be held more often than once in twelve (12) months.

The regulations to be adopted by the commissioners under the provisions of this section may include:

(a) Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures.

(b) Provisions requiring observance of particular methods of cultivation, including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, seeding, and planting of lands to water conserving and erosion-preventing plants, trees, and grasses, afforestation, and reforestation.

(c) Specifications of cropping programs and tillage practices to be observed.

(d) Provisions requiring the retirement from cultivation of highly erodible areas or of areas on which erosion may not be adequately controlled if cultivation is carried on.

(e) Provisions for such other means, measures, operations, and programs as may assist conservation of water and soil resources and prevent or control soil erosion in the district having due regard to the legislative findings set forth in Section 69-27-3 .

The regulations shall be uniform throughout the territory comprised within the district except that the commissioners may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors, and may provide regulations varying with the type or class of land affected, but uniform as to all lands within each class or type. Copies of water and land use regulations adopted under the provisions of this section shall be made available to all owners and operators of lands lying within the district.
Miss. Code Ann. § 69-15-115 — MS Code / Title 69 / Chapter 2 / Section 15-115
Miss. Code Ann. § 69-15-115
Status: in_force

Any person, firm or corporation violating any of the provisions of Article 5 of this chapter, or any of the rules and regulations of the Board of Animal Health, relative to the control and eradication of tuberculosis, anthrax, hog cholera, Texas and splenic fever and the fever-carrying tick (Margaropus annulatus), cattle brucellosis, anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea, cattle scabies, sheep scabies, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, equine infectious anemia and any suspected new and/or foreign diseases of livestock and poultry, and all other diseases of animals in this state, made and promulgated thereunder shall be subject to the provisions of Sections 69-15-53 through 69-15-69 .
Miss. Code Ann. § 69-29-303 — MS Code / Title 69 / Chapter 9 / Section 29-303
Miss. Code Ann. § 69-29-303
Status: in_force

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

(a) “Actor” means a person accused of any of the offenses defined in this article.

(b) “Animal” means a warm or cold-blooded animal used in food or fiber production, agriculture, exhibition, research, testing, experimentation or education, including poultry, fish and insects.

(c) “Animal research or exhibiting facility,” hereinafter referred to as an “animal facility,” includes a vehicle, building, separately secured yard, pad, pond, enclosure, structure or premises where an animal is kept, shown, handled, housed, exhibited, bred or offered for sale and any building, laboratory, institution, organization or school in which a person or persons are engaged in research, testing, educational or experimental activities or in which any commercial or academic enterprise is using warm-blooded or cold-blooded animals for food or fiber production, agriculture, research, testing, experimentation or education.

(d) “Consent” means assent in fact, whether express or apparent.

(e) “Deprive” means:

(i) To purposely or knowingly withhold an animal or other property from the owner permanently or for such an extended time that a major portion of the value or enjoyment of the animal or property is lost to the owner;

(ii) To restore the animal or other property only upon payment for reward or other compensation; or

(iii) To dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely.

(f) “Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if:

(i) Induced by force, threat, false pretenses or fraud;

(ii) Given by a person the actor knows is not legally authorized to act for the owner;

(iii) Given by a person who by reason of youth, mental disease or defect or intoxication is known by the actor to be unable to make reasonable decisions; or

(iv) Given solely to detect the commission of an offense.

(g) “Owner” means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor.

(h) “Person” means an individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two (2) or more persons having a joint or common interest or other legal entity.

(i) “Possession” means actual care, custody, control or management.
Miss. Code Ann. § 69-46-7 — MS Code / Title 69 / Chapter 8 / Section 46-7
Miss. Code Ann. § 69-46-7
Status: in_force

(1)(a) The Mississippi Land, Water and Timber Resources Board may accept and expend funds appropriated or otherwise made available by the Legislature and funds from any other source in order to carry out the provisions of the Mississippi Land, Water and Timber Resources Act. Such funds shall be deposited into a special fund hereby established in the State Treasury to be known as the “Mississippi Land, Water and Timber Resources Fund.” Unexpended amounts derived from bond proceeds or private funds, or both, remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on such amounts in the fund shall be deposited to the credit of the fund. All other unexpended amounts remaining in the fund at the end of a fiscal year shall lapse into the State General Fund. The board may provide to the Mississippi Department of Agriculture and Commerce not more than Two Hundred Fifty Thousand Dollars ($250,000.00), in the aggregate, of monies in the fund that are derived from proceeds of bonds issued under Sections 1 through 16 of Chapter 538, Laws of 2001, and/or Sections 1 through 16 of Chapter 542, Laws of 2002, for the purpose of providing additional funds to defray costs incurred by the department in assisting the board in carrying out the provisions of the Mississippi Land, Water and Timber Resources Act. However, the Mississippi Department of Agriculture and Commerce may not use any portion of such funds for the purpose of hiring any person as an employee as defined in Section 25-3-91(c) . The Mississippi Department of Agriculture may escalate its budget and expend such funds, when provided by the board, in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds. The board may provide to the Mississippi Development Authority not more than Two Hundred Fifty Thousand Dollars ($250,000.00), in the aggregate, of monies in the fund that are derived from proceeds of bonds issued under Sections 1 through 16 of Chapter 538, Laws of 2001, and/or Sections 1 through 16 of Chapter 542, Laws of 2002, for the purpose of providing additional funds to defray costs incurred by the Mississippi Development Authority in assisting the board in carrying out the provisions of the Mississippi Land, Water and Timber Resources Act. However, the Mississippi Development Authority may not use any portion of such funds for the purpose of hiring any person as an employee as defined in Section 25-3-91(c) . The Mississippi Development Authority may escalate its budget and expend such funds, when provided by the board, in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

(b)(i) The Mississippi Land, Water and Timber Resources Board may provide to the Mississippi Department of Agriculture and Commerce not more than One Hundred Twenty-five Thousand Dollars ($125,000.00), in the aggregate, of monies in the fund that are derived from proceeds of bonds issued under Sections 1 through 16 of Chapter 505, Laws of 2003, and One Hundred Twenty-five Thousand Dollars ($125,000.00), in the aggregate, of monies in the fund that are derived from proceeds of bonds issued under Sections 72 through 87 of Chapter 1 of Laws of 2004, Third Extraordinary Session, for the purpose of providing additional funds to defray costs incurred by the department in assisting the board in carrying out the provisions of the Mississippi Land, Water and Timber Resources Act. However, the Mississippi Department of Agriculture and Commerce may not use any portion of such funds for the purpose of hiring any person as an employee as defined in Section 25-3-91(c) . The Mississippi Department of Agriculture and Commerce may escalate its budget and expend such funds, when provided by the board, in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

(ii) The Mississippi Land, Water and Timber Resources Board may provide to the Mississippi Development Authority not more than One Hundred Twenty-five Thousand Dollars ($125,000.00), in the aggregate, of monies in the fund that are derived from proceeds of bonds issued under Sections 1 through 16 of Chapter 505, Laws of 2003, and One Hundred Twenty-five Thousand Dollars ($125,000.00), in the aggregate, of monies in the fund that are derived from proceeds of bonds issued under Sections 72 through 87 of Chapter 1 of Laws of 2004, Third Extraordinary Session, for the purpose of providing additional funds to defray costs incurred by the Mississippi Development Authority in assisting the board in carrying out the provisions of the Mississippi Land, Water and Timber Resources Act. However, the Mississippi Development Authority may not use any portion of such funds for the purpose of hiring any person as an employee as defined in Section 25-3-91(c) . The Mississippi Development Authority may escalate its budget and expend such funds, when provided by the board, in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

(iii) The Mississippi Land, Water and Timber Resources Board may provide to the Department of Audit not more than Fifty Thousand Dollars ($50,000.00), in the aggregate, of monies in the fund that are derived from proceeds of bonds issued under Sections 1 through 16 of Chapter 505, Laws of 2003, and Fifty Thousand Dollars ($50,000.00), in the aggregate, of monies in the fund that are derived from proceeds of bonds issued under Sections 72 through 87 of Chapter 1 of Laws of 2004, Third Extraordinary Session, for the purpose of providing additional funds to defray costs incurred by the department in assisting the board in carrying out the provisions of the Mississippi Land, Water and Timber Resources Act. However, the Department of Audit may not use any portion of such funds for the purpose of hiring any person as an employee as defined in Section 25-3-91(c) . The Department of Audit may escalate its budget and expend such funds, when provided by the board, in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

(2) The Mississippi Land, Water and Timber Resources Board shall set aside One Million Dollars ($1,000,000.00) of the monies in the Mississippi Land, Water and Timber Resources Fund, that are derived from proceeds of bonds issued under Sections 1 through 16 of Chapter 505, Laws of 2003, for the purpose of providing funds to the Mississippi Department of Agriculture and Commerce for use in making payments to ethanol producers under Section 69-51-5 during the state fiscal year beginning July 1, 2003, and ending June 30, 2004. Any monies set aside which are not used for such purposes during the fiscal year shall no longer be set aside for such purposes after the end of the fiscal year. In addition, if the Commissioner of Agriculture and Commerce determines during such fiscal year that no ethanol producer will be eligible for such payments during the fiscal year, the commissioner shall inform the board of his determination and the monies set aside shall no longer be set aside for such purposes. The Mississippi Department of Agriculture and Commerce may escalate its budget and expend funds, when provided by the board under this subsection (2), in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

(3) In anticipation of the issuance of bonds authorized for the purpose of providing funds for the Mississippi Land, Water and Timber Resources Fund, the State Bond Commission is authorized to negotiate and enter into any purchase, loan, credit or other agreement with any bank, trust company or other lending institution or to issue and sell interim notes for the purpose of carrying out the provisions of the Mississippi Land, Water and Timber Resources Act. All borrowings made under this subsection (3) shall be evidenced by notes of the State of Mississippi, which shall be issued from time to time, for such amounts, in such form and in such denomination and subject to such terms and conditions of sale and issuance, prepayment or redemption and maturity, rate or rates of interest not to exceed the maximum rate authorized for bonds in Section 75-17-101 , and time of payment of interest as the State Bond Commission shall agree to in such agreement. Such notes shall constitute general obligations of the State of Mississippi, and shall be backed by the full faith and credit of the state. Such notes may also be issued for the purpose of refunding previously issued notes. No note shall mature more than three (3) years following the date of its issuance. The State Bond Commission is authorized to provide for the compensation of any purchaser of the notes by payment of a fixed fee or commission and for all other costs and expenses of issuance and service, including paying agent costs. Such costs and expenses may be paid from the proceeds of the notes. Borrowings made under the provisions of this subsection (3) shall not exceed the aggregate sum of Five Million Dollars ($5,000,000.00) outstanding at any one time.
Miss. Code Ann. § 69-5-21 — MS Code / Title 69 / Chapter 3 / Section 5-21
Miss. Code Ann. § 69-5-21
Status: in_force

Revenue bonds issued under the provisions of Sections 69-5-15 and 69-5-19 shall not be deemed to constitute a debt of the State of Mississippi or a pledge of the full faith and credit of the state, but such bonds shall be payable solely from the special revenues provided therefor as hereinabove set forth, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or pledge any form of taxation whatever therefor, and all such bonds shall contain recitals on their face substantially covering the foregoing provisions of this section.
Miss. Code Ann. § 69-5-23 — MS Code / Title 69 / Chapter 3 / Section 5-23
Miss. Code Ann. § 69-5-23
Status: in_force

All bonds issued under the provisions of Sections 69-5-15 and 69-5-19 shall constitute negotiable instruments within the meaning of the Uniform Commercial Code of the State of Mississippi.
Miss. Code Ann. § 69-27-359 — MS Code / Title 69 / Chapter 9 / Section 27-359
Miss. Code Ann. § 69-27-359
Status: in_force

Except as otherwise authorized in Section 7-5-39 , the Attorney General of the State of Mississippi shall represent the Soil and Water Conservation Commission in issuing, selling and validating bonds authorized under Sections 69-27-345 through 69-27-365 , and the commission is authorized to pay from the proceeds derived from the sale of such bonds or from other funds available to the commission, the reasonable cost of approving attorney's fees, validating, printing, cost of delivery of such bonds and any other necessary costs of issuance.
Miss. Code Ann. § 69-7-321 — MS Code / Title 69 / Chapter 3 / Section 7-321
Miss. Code Ann. § 69-7-321
Status: in_force

Producers selling eggs of their own production, when offered on their own premises, or selling less than six (6) dozen eggs per week, are exempt from the provisions of this article.

All eggs, egg products, egg handlers and egg producers which are exempt under the provisions of U. S. Public Law 91-597 , commonly referred to as the “Egg Products Inspection Act”, or the regulations pertaining thereto, shall likewise be exempt from the provisions of this article to the same extent that such eggs, egg products, egg handlers, and egg producers are exempt from said Public Law 91-597 and the regulations pertaining thereto.

The name and address of the producer, packer or distributor shall appear on the container.
Miss. Code Ann. § 69-5-121 — MS Code / Title 69 / Chapter 3 / Section 5-121
Miss. Code Ann. § 69-5-121
Status: in_force

(1) For the purpose of promoting, fostering and encouraging the upgrading and improving of livestock, any county with an assessed valuation of Fifteen Million Dollars ($15,000,000.00) or more, and designated as a place for the holding of a livestock show, by the provisions of Section 69-5-103 , may upon the order of the board of supervisors purchase, keep, maintain or sell bulls for breeding purposes, but not more than five (5) such bulls may be owned by any such county at any one (1) time.

(2) The board of supervisors shall employ a proper and suitable person qualified by training and experience to aid, advise and assist livestock growers in the development of pastures, upgrading of livestock, or in any way helpful to encourage and promote the raising of livestock and who shall handle, care for, look after and be responsible for the bulls so bought, and such employee shall be charged with the duty of carrying out the provisions of this section in accordance herewith, and shall be paid such salary and expense as the board of supervisors may order, all of said sums to be paid out of the general funds of the county.

(3) Such bulls shall be placed at convenient locations over the county under suitable maintenance contracts for their care and upkeep, and shall be available at all reasonable times to farmers and stock growers upon the payment of a nominal charge for the purpose solely of assisting in defraying the expense of such care and upkeep, the amount of such fees governed solely by such maintenance costs, and to be fixed at the discretion of the board of supervisors.

(4) The board of supervisors shall make such rules and regulations for the services of said bulls as shall be for the best interests of the farmers and stock growers.

(5) The board of supervisors may set aside, appropriate and expend moneys from the general fund to pay the cost of employing such person and all expenses incidental to his employment and for the purchase of bulls for breeding purposes and to provide for the care and maintenance of such bulls and for defraying any and all expense necessary to carry out the intent of this section.
Miss. Code Ann. § 69-13-311 — MS Code / Title 69 / Chapter 2 / Section 13-311
Miss. Code Ann. § 69-13-311
Status: in_force

When any estray shall die or escape, the taker up shall, without delay, make report thereof to the ranger, on oath, who shall make a memorandum of the same on the margin of his book opposite the registry of the certificate of such estray.
Miss. Code Ann. § 69-44-5 — MS Code / Title 69 / Chapter 8 / Section 44-5
Miss. Code Ann. § 69-44-5
Status: in_force

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

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

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

(4) Each purchaser or the Commodity Credit Corporation shall keep a complete and accurate record of all corn handled by him and shall furnish each producer with a signed sales slip showing the number of bushels purchased from him and the amount deducted by him for the Mississippi Corn Promotion Fund. The records shall be in the form and contain any other information as the department shall by rule or regulation prescribe. The records shall be preserved by the purchaser for a period of two (2) years and shall be offered for inspection at any time upon oral or written demand by the department or any duly authorized agent or representative thereof. Every purchaser or the Commodity Credit Corporation, at such time or times as the department may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed in this chapter. The department shall have the power to cause any duly authorized agent or representative to enter upon the premises of any purchaser of corn and examine or cause to be examined by the agent only books, papers and records which deal in any way with the payment of the assessment or enforcement of the provisions of this chapter.
Miss. Code Ann. § 69-24-23 — MS Code / Title 69 / Chapter 9 / Section 24-23
Miss. Code Ann. § 69-24-23
Status: in_force

The commissioner may issue and enforce a written or printed “stop sale, use or removal” order to the owner or custodian of any lot of soil or plant amendment and to hold at a designated place, when the commissioner finds said soil or plant amendment is offered or exposed for sale in violation of any of the provisions of this chapter, until the law has been complied with and said soil or plant amendment is released in writing by the commissioner, or said violation has been otherwise legally disposed of by written authority. The commissioner shall release the soil or plant amendment so withdrawn when the requirements of the provisions of the chapter have been complied with and all costs and expenses incurred in connection with the withdrawal from sale have been paid.
Miss. Code Ann. § 69-25-61 — MS Code / Title 69 / Chapter 1 / Section 25-61
Miss. Code Ann. § 69-25-61
Status: in_force

(1) When a violation occurs, or is about to occur, that presents and clear and present danger to the public health, safety or welfare and requires immediate action, the commissioner, department field inspectors, or any person authorized by the commissioner, may issue an order to be effective immediately, prior to notice and a hearing, that imposes any or all of the following penalties against the accused:

(a) A stop sale order for any pesticide, plant or other material regulated by the department that is mislabeled or otherwise not in compliance with applicable law or regulations.

(b) Require the accused to relabel any pesticide, plant or other material regulated by the department that is mislabeled.

(c) Seize any pesticide, plant or other material regulated by the department and sell, destroy or otherwise dispose of such material and apply the proceeds of such sale to the state's expenses and any fees or penalties levied.

(d) Refuse to register, or cancel or suspend the registration of a pesticide, plant or other material that is not in compliance with any applicable law or regulation.

The order shall be served upon the accused in the same manner that the summons and complaint may be served upon him, except that, in the alternative, it may be served by giving a copy of the order to the attendant or clerk at the accused's establishment. The accused shall then have thirty (30) days after service of the order to request an informal administrative review before the Director of the Bureau of Plant Industry, or his designee, who shall act as reviewing officer. If the accused requests a review within thirty (30) days, the reviewing officer shall conduct an informal administrative review within ten (10) days after the request is made. If the accused does not request an informal administrative review within thirty (30) days, then he is deemed to have waived his right to a review. At the informal administrative review, subpoena power shall not be available, witnesses shall not be sworn nor be subject to cross-examination and there shall be no court reporter or record made of the proceedings. Each party may present its case in the form of documents or oral statements. The rules of evidence shall not apply. The reviewing officer's decision shall be in writing, and it shall be delivered to the parties by certified mail.

If either party is aggrieved by the order of the reviewing officer, he may request a full evidentiary hearing before the hearing committee in accordance with the procedures in Sections 69-25-51 and 69-25-53 . The request for an evidentiary hearing must be made with the department within thirty (30) days of receipt of the decision of the reviewing officer. Failure to request an evidentiary hearing within the thirty (30) days is deemed a waiver of such right. If either party is aggrieved by the decision of the hearing committee, he shall have the right of judicial review in circuit court and in the Supreme Court as provided in Section 69-25-59 .
Miss. Code Ann. § 69-27-31 — MS Code / Title 69 / Chapter 2 / Section 27-31
Miss. Code Ann. § 69-27-31
Status: in_force

Within thirty (30) days after the date of issuance by the Secretary of State of a certificate of organization of a soil and water conservation district, nominating petitions may be filed with the State Soil and Water Conservation Committee to nominate candidates for commissioners of such district. The committee shall have authority to extend the time within which nominating petitions may be filed. No such nominating petition shall be accepted by the committee unless it shall be subscribed by twenty-five (25) or more owners of lands lying within the boundaries of such district. Landowners may sign more than one such nominating petition to nominate more than one candidate for commissioner but in no event shall a landowner sign more than three (3) such nominating petitions. The committee is hereby authorized to enact and implement rules to provide that not more than one commissioner shall be a resident of any one county or supervisors district, unless there is no person qualified and willing to serve in another county or supervisors district. The committee shall give due notice of an election to be held for the election of three (3) commissioners for the district. The names of all nominees, on behalf of whom such nominating petitions have been filed within the time herein designated, shall appear, arranged in alphabetical order of the surnames, upon ballots, with a square before each name and a direction to insert an X mark in the square before any three (3) names to indicate the voter's preference. All owners of lands lying within the district shall be eligible to vote in such election. Only such landowners shall be eligible to vote. The three (3) candidates who receive a majority of the votes cast in such an election shall be elected commissioners for such district. In the event any candidate fails to receive a majority, then the candidates receiving the largest number of votes shall run off in an election to be held two (2) weeks thereafter. The committee shall pay all the expenses of such elections, shall supervise conduct thereof, shall prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein, and shall publish the results of same.
Miss. Code Ann. § 69-25-9 — MS Code / Title 69 / Chapter 3 / Section 25-9
Miss. Code Ann. § 69-25-9
Status: in_force

The Commissioner of Agriculture and Commerce shall keep himself informed as to known varieties of insect pests, diseases and noxious weeds, their origin, locality, nature and appearance thereof, the manner in which they are disseminated, and approved methods of treatment and eradication.

The Commissioner of Agriculture and Commerce, in his rules and regulations made pursuant to this article, shall list the insect pests, diseases and noxious weeds, of which he shall find that the introduction into, or the dissemination within, this state should be prevented in order to safeguard the environment, agricultural and horticultural production and the plants and plant products of this state, together with the plants and plant products and other things likely to become infested or infected with such insect pests, diseases and noxious weeds. Every such insect pest, disease and noxious weed listed, and every plant and plant product and other thing infected therewith, is hereby declared to be a public nuisance. Every person who has knowledge of the presence of any insect pest, disease or noxious weed listed, as required by this section, in the rules and regulations made pursuant to this article, in or upon any place, shall immediately report same to the commissioner or an inspector therefor giving such detailed information relative thereto as he may have. Every person who deals in or engages in the sale of plants and plant products or other things infested or infected, or likely to be or become so shall furnish to the commissioner or his inspectors, when requested, a statement of the names and addresses of the persons from whom and the localities where he purchased or obtained such plants and plant products, and other things infested or infected, or likely to be or become so.
Miss. Code Ann. § 69-37-35 — MS Code / Title 69 / Chapter 2 / Section 37-35
Miss. Code Ann. § 69-37-35
Status: in_force

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

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

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

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

(d) The corporation shall notify the commissioner of its determination, which shall be binding upon the applicants. Upon receipt of the determination of the corporation, the commissioner shall promptly notify each affected cotton grower of that determination. If an exemption has been denied, assessments and penalties for the year in which the application was made shall become due at the time they would otherwise have become due had no application for exemption been filed or within thirty (30) days after the date of the commissioner's notice of an adverse determination, whichever is later.
Miss. Code Ann. § 69-1-111 — MS Code / Title 69 / Chapter 1 / Section 1-111
Miss. Code Ann. § 69-1-111
Status: in_force

The Mississippi Marketing of Agricultural Products and Industry Council is hereby authorized and empowered to accept monetary or in-kind contributions, gifts and grants for use in the marketing program. Any such monies shall be deposited in a special fund hereby established in the State Treasury to be known as the “Agricultural Marketing Fund,” to be appropriated by the Legislature for use by the Mississippi Marketing of Agricultural Products and Industry Council.
Miss. Code Ann. § 69-13-311 — MS Code / Title 69 / Chapter 1 / Section 13-311
Miss. Code Ann. § 69-13-311
Status: in_force

When any estray shall die or escape, the taker up shall, without delay, make report thereof to the ranger, on oath, who shall make a memorandum of the same on the margin of his book opposite the registry of the certificate of such estray.
Miss. Code Ann. § 69-35-1 — MS Code / Title 69 / Chapter 1 / Section 35-1
Miss. Code Ann. § 69-35-1
Status: in_force

This act shall be known as the “Mississippi Dairy Promotion Act.”
Miss. Code Ann. § 69-27-17 — MS Code / Title 69 / Chapter 5 / Section 27-17
Miss. Code Ann. § 69-27-17
Status: in_force

Within sixty (60) days after a petition pursuant to Section 69-27-15 has been filed with the State Soil and Water Conservation Committee, it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity in the interest of public health, safety, and welfare, of the creation of such district, upon the question of the appropriate boundaries to be assigned to such district, upon the propriety of the petition and other proceedings taken under this article, and upon all questions relevant to such inquiries. All owners and all operators of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to such described territory, and all other interested parties, shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for inclusion in the district, and such further hearing held. After such hearing, if the committee shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination, and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. In making such determination and in defining such boundaries, the committee shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing water and land use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefit such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions, and to other soil and water conservation districts already organized or proposed for organization under the provisions of this article, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determinations set forth in Section 69-27-3 . The territory to be included within such boundaries need not be contiguous. If the committee shall determine after such hearing, after due consideration of the said relevant facts, that there is no need for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After twelve (12) months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon. If it be determined that there is no need for such soil and water conservation district, then in no event shall any expense or part thereof, incurred in connection with the hearing or other proceedings had to determine such question, be assessed against any landowner or other party except those landowners signing the original petition.
Miss. Code Ann. § 69-29-311 — MS Code / Title 69 / Chapter 9 / Section 29-311
Miss. Code Ann. § 69-29-311
Status: in_force

(1) A person shall not, without the effective consent of the owner, enter or remain in an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility if the person:

(a) Had notice that the entry was forbidden; or

(b) Received notice to depart but failed to do so.

(2) For purposes of this section, “notice” means:

(a) Oral or written communication by the owner or someone with apparent authority to act for the owner;

(b) Fencing or other enclosure obviously designed to exclude intruders or to contain animals; or

(c) A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.
Miss. Code Ann. § 69-13-315 — MS Code / Title 69 / Chapter 2 / Section 13-315
Miss. Code Ann. § 69-13-315
Status: in_force

A person claiming to be the owner of any animal taken up as an estray and posted as herein provided, may make proof of his title by his oath, or otherwise, to the satisfaction of the ranger, who shall thereupon issue his order to the person having the estray in his custody, to deliver the same to such owner on payment of the lawful charges, to be ascertained and stated by the ranger.
Miss. Code Ann. § 69-36-9 — MS Code / Title 69 / Chapter 5 / Section 36-9
Miss. Code Ann. § 69-36-9
Status: in_force

(1) No person shall violate this chapter, the Southern Dairy Compact, or any rules or regulations adopted pursuant to either this chapter or the compact.

(2) In addition to any other penalties provided by law, a civil penalty of One Thousand Dollars ($1,000.00) may be imposed for each violation, licenses may be revoked or suspended, or an additional penalty may be imposed in lieu of revocation or suspension.

(3) Each day on which a violation occurs shall be a separate violation.
Miss. Code Ann. § 69-15-55 — MS Code / Title 69 / Chapter 10 / Section 15-55
Miss. Code Ann. § 69-15-55
Status: in_force

(1) The Board of Animal Health, upon notice from the reviewing officer that a hearing is requested, shall appoint a three-member hearing committee which shall consist of one (1) attorney from the Attorney General's office, and two (2) representatives from the Department of Agriculture or from the membership of the Board of Animal Health. The hearing committee shall, within thirty (30) days of notification from the reviewing officer, conduct a hearing at a date, time and place to be determined by the hearing committee, provided that such hearing shall be held and conducted within the county in which the accused resides or in a situs mutually agreeable and that for good cause shown the hearing committee may grant a continuance or continuances of such hearings. Written notice of date, time and place of such hearing shall be mailed to the accused by registered mail, return receipt requested, no less than fifteen (15) days prior to the commencing of the hearing.

(2) A duly qualified court reporter shall be in attendance and shall make a full and complete transcript of the proceedings. The hearing shall be closed unless the accused shall request a public hearing. The hearing committee shall have the right and duty to impose reasonable restrictions as it may deem necessary or appropriate to insure an orderly, expeditious and impartial proceeding, and shall admit all relevant and material evidence except evidence which is unduly repetitious.

(3) For purposes of such hearing, the committee is hereby empowered to require the attendance of witnesses, administer oaths and hear testimony, either oral or documentary, for and against the accused. The board shall have the authority to issue subpoenas to compel the attendance of witnesses and the production of books, papers, records or other documentary evidence at a hearing pending before the board. Subpoenas to be issued shall be delivered to the sheriff of the county where they are to be executed and the sheriff shall cause them to be served. In case of the failure of any person to comply with any subpoena issued by the board, the board or its authorized representative may invoke the aid of any court of general jurisdiction of this state. The court may thereupon order such person to comply with the requirements of the subpoena. Failure to comply with the order of the court may be treated as contempt thereof.

(4) At the conclusion of the hearing, the hearing committee, upon the majority vote of the members of such committee, shall transmit to the Board of Animal Health a written opinion incorporating findings of fact and recommendations for penalties which shall not exceed One Thousand Dollars ($1,000.00) for each violation.
Miss. Code Ann. § 69-24-25 — MS Code / Title 69 / Chapter 10 / Section 24-25
Miss. Code Ann. § 69-24-25
Status: in_force

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

(2) Any person convicted of violating any provision of this chapter or the rules and regulations issued thereunder shall be guilty of a misdemeanor and punished as provided for in Section 99-19-31 . Appeals from convictions under this subsection shall be as in other cases at law.

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

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

(5) The commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under the chapter notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
Miss. Code Ann. § 69-19-3 — MS Code / Title 69 / Chapter 8 / Section 19-3
Miss. Code Ann. § 69-19-3
Status: in_force

This chapter shall apply only to persons soliciting work and engaged in the work defined in this chapter as a profession; but in no event shall it be construed so as to apply to any person employed by the owners or others in possession of property to work under his supervision in grafting, spraying, dusting cotton or any such work.
Miss. Code Ann. § 69-29-2 — MS Code / Title 69 / Chapter 2 / Section 29-2
Miss. Code Ann. § 69-29-2
Status: in_force

(1) Every person, firm, association or corporation, before seeking to sell or transfer dogs or cats, or both, for research, shall obtain a license from the Director of the Mississippi Agricultural and Livestock Theft Bureau. The fee and requirements for such license shall be set by the Director of the Mississippi Agricultural and Livestock Theft Bureau. Application for such license shall be made on forms prescribed and furnished by the director. Such license shall be nontransferable, renewable annually. A new license shall be issued if there is any change in the location or ownership of the business.

(2) At the time application is made for a license under subsection (1) of this section and before the issuance of such license by the Director of the Mississippi Agricultural and Livestock Theft Bureau, the applicant shall file with the director 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 Secretary of State for the faithful performance of the requirements of this section. Evidence shall be supplied to the director 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 director in writing at least thirty (30) days before the cancellation of such bond. If a bond is cancelled or fails to be renewed, the license issued under this section shall stand void automatically. The license shall not stand void if a new bond as required herein is filed with the director before the expiration date of the original bond.

(3) The following information shall be recorded by every person, firm, association or corporation licensed under this section for each dog or cat received, sold or transferred under the provisions of this section:

(a) The name, address and telephone number of the person, firm, association or corporation from whom each dog or cat was received and to whom each dog or cat was delivered.

(b) A complete description of each dog or cat received, sold or transferred, including a photograph of each side of the animal.

(c) Any other information as required by the Director of the Mississippi Agricultural and Livestock Theft Bureau.

(4) The Director of the Mississippi Agricultural and Livestock Theft Bureau shall promulgate rules and regulations necessary to effectuate the provisions of this section.

(5) Any person violating the provisions of this section, upon conviction for a first violation, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both. Any person violating the provisions of this section, upon conviction for a second or subsequent violation, shall be punished by imprisonment in the Penitentiary for not less than one (1) year or a fine of not less than One Thousand Dollars ($1,000.00), or by both. Any person who holds a license issued under this section who is convicted of any violation of this section, shall have his license revoked for a minimum of one (1) year.
Miss. Code Ann. § 69-21-128 — MS Code / Title 69 / Chapter 5 / Section 21-128
Miss. Code Ann. § 69-21-128
Status: in_force

All aircraft being used for the aerial application of agricultural substances in this state must be registered with the department. Registration shall be valid for a period of time established by rules and regulation.
Miss. Code Ann. § 69-49-1 — MS Code / Title 69 / Chapter 1 / Section 49-1
Miss. Code Ann. § 69-49-1
Status: in_force

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

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

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

(4) For the purposes of this section, “ field crop ” means any product grown, developed or raised for purposes, including, but not limited to, human or animal consumption, research, industrial, commercial or pharmacological purposes.
Miss. Code Ann. § 69-27-33 — MS Code / Title 69 / Chapter 8 / Section 27-33
Miss. Code Ann. § 69-27-33
Status: in_force

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

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

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

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

The commissioners may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the commissioners of the district on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county.
Miss. Code Ann. § 69-13-319 — MS Code / Title 69 / Chapter 9 / Section 13-319
Miss. Code Ann. § 69-13-319
Status: in_force

The owner of any animal sold as an estray, may apply to the board of supervisors of the county within three years, and, upon proof of title, the said board shall order the net proceeds of the sale thereof to be refunded to him out of the county treasury.
Miss. Code Ann. § 69-25-223 — MS Code / Title 69 / Chapter 5 / Section 25-223
Miss. Code Ann. § 69-25-223
Status: in_force

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

(2) The provisions of this article shall not have any effect upon any programs administered by Mississippi State University, which shall remain exempt, as such programs related to the educational, research or testing functions performed by Mississippi State Chemical Laboratory, shall continue to function in accordance with the mission of the university, as approved by the Board of Trustees of State Institutions of Higher Learning.
Miss. Code Ann. § 69-15-111 — MS Code / Title 69 / Chapter 5 / Section 15-111
Miss. Code Ann. § 69-15-111
Status: in_force

It shall be unlawful for any person or persons, firm or corporation to drive, convey, transport or allow to drift from any state or territory, into this state any livestock except under the supervision and in accordance with the rules and regulations of the Board of Animal Health. Steers may be moved into the state for feeding and grazing purposes under special permit issued by the State Veterinarian.

Livestock shipped, trailed, driven or otherwise transported into this state from other states or territories shall be subject to examinations and tests approved by the Board of Animal Health for the purpose of determining if such animals are free of infectious abortion or bangs disease. Should such animals react to the tests, they shall immediately upon notice to the owner from the board or one (1) of the board's inspectors or veterinarians be returned to the state from which they came, or slaughtered under the supervision and direction of the board. The Board of Animal Health is authorized and empowered to require livestock owners or persons having livestock in charge, affected with, or exposed to infectious abortion, upon notice to assemble or have assembled such livestock at a place and time designated by an inspector or veterinarian of the Board of Animal Health or of the United States Bureau of Animal Industry in order that the proper and necessary tests and examinations can be made. All animals which react to the test for infectious abortion or show marked diagnostic symptoms of infectious abortion shall be quarantined, segregated, isolated or otherwise disposed of under the direction of the Board of Animal Health.

Any person, firm or corporation violating any of the provisions of this section or any of the rules and regulations of the Board of Animal Health shall be deemed in violation of the provisions of this section and shall be subject to the provisions of Sections 69-15-53 through 69-15-69 .
Miss. Code Ann. § 69-35-9 — MS Code / Title 69 / Chapter 8 / Section 35-9
Miss. Code Ann. § 69-35-9
Status: in_force

It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that, producers and handlers of milk and dairy products shall be permitted by referendum to be held among producers in the state and subject to the provisions of this act, to levy upon themselves an assessment on such milk produced in the state, for the purpose of financing or contributing towards the financing of a program of promotion and nutrition education designed to strengthen the dairy industry's position in the marketplace and to maintain and expand domestic and foreign markets and use for fluid milk and dairy products produced in the state and the United States. It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that the state ADA conduct the referendum in coordination with the extension service in accordance with the provisions of this act and the Federal Dairy Promotion Program codified in 7 U.S.C. 4501, et seq.
Miss. Code Ann. § 69-27-337 — MS Code / Title 69 / Chapter 5 / Section 27-337
Miss. Code Ann. § 69-27-337
Status: in_force

The amount paid by any such district to the commission for amortization purposes shall be made semiannually. When payments are not received by the commission within sixty (60) days of the due date the commission shall take all necessary actions to collect such delinquent payments. Amounts received or collected hereunder shall be credited to the revolving fund created in Section 69-27-343 .
Miss. Code Ann. § 69-13-211 — MS Code / Title 69 / Chapter 2 / Section 13-211
Miss. Code Ann. § 69-13-211
Status: in_force

No reimbursement shall be made under the Homestead Exemption Law of 1946 for any tax levy made under the provisions of this article.
Miss. Code Ann. § 69-11-15 — MS Code / Title 69 / Chapter 9 / Section 11-15
Miss. Code Ann. § 69-11-15
Status: in_force

Whoever violates this chapter shall be guilty of a misdemeanor and upon conviction in a court of competent jurisdiction shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00), and within the discretion of the court may also be imprisoned for a period not to exceed ninety (90) days. Any party violating the provisions of this law shall not be entitled to indemnity under the Cholera Indemnity Law of the State of Mississippi for any swine that have been found to have died from cholera during the period of such violation.
Miss. Code Ann. § 69-3-20 — MS Code / Title 69 / Chapter 1 / Section 3-20
Miss. Code Ann. § 69-3-20
Status: in_force

(1) The commissioner shall appoint an arbitration council composed of six (6) members to hear and decide each complaint. The Director of the Mississippi Agricultural and Forestry Experiment Station, the Director of the Mississippi Cooperative Extension Service, the President of the Mississippi Seedsmen's Association, the President of the Mississippi Farm Bureau Federation, and the Alcorn State University Divisional Director of Agriculture and Applied Sciences shall supply to the commissioner a list of four (4) candidates from their respective organizations. The commissioner shall choose one (1) candidate from each organization's list in selecting a council to hear each complaint. On or before January 1 of each year the respective recommending organizations shall submit member recommendations if they want to make changes from their previous recommendations. The commissioner, or his designee, shall be a member of and serve as chairman of the council and he may appoint a secretary for the council. It shall be the duty of the chairman to call the council into session to conduct all meetings and deliberations and to direct all other activities of the council. It shall be the duty of the secretary to keep accurate and correct records of all meetings and deliberations and perform such other duties for the council as directed by the chairman. The commissioner shall prescribe and adopt reasonable rules and regulations governing the arbitration process to include conditions and circumstances associated with seed to which arbitration is applicable.

(2) The purpose of the arbitration council is to assist consumers and seedsmen in determining the validity of complaints made by consumers against seedsmen and recommend cost damages resulting from failure of the seed to properly perform or produce, whether related to specific representations on the label or the labeling, other information on the seed container or conditions attributed to the quality of the seed.

(3)(a) When the department refers a complaint made by a consumer against a seedsman to the arbitration council, the council shall make a full and complete investigation of the matters complained of, and at the conclusion of the investigation, report its findings and make its recommendations of cost damages and file them with the department. Council findings and recommendations may be admissible as evidence in a court of law. When a complaint involving transgenic seeds is filed for arbitration, the seedsman shall furnish the commissioner the technology and procedures necessary to conduct any test to determine whether the seeds will perform as represented by the seedsman. The commissioner shall ensure that all technology and procedural information submitted to the department by the seedsman shall be kept confidential to ensure the proprietary rights of the seedsman. After a final disposition of all judicial proceedings or expiration of any applicable statute of limitation, the commissioner shall return all technology, records, test data or procedural information to the seedsman. In addition, remedies for misappropriation of a trade secret shall be governed by the Mississippi Uniform Trade Secrets Act in Sections 75-26-1 through 75-26-19 .

(b) In conducting its investigation the arbitration council or any member or members shall be authorized to examine the consumer on his farming operation of which he complains; to examine the seedsman on his packaging, labeling and selling operation of the seed alleged to be faulty; to conduct an appropriate test of a representative sample of the alleged faulty seed through the facilities of the state and under the supervision of the department when such action is deemed to be necessary; and to hold informal hearings at a time and place designated by the chairman upon reasonable notice to the consumer and the seedsman.

(c) Any investigation made by less than the entire membership of the council shall be made by authority of a written directive by the chairman and the investigation shall be summarized in writing and considered by the council in its findings and in making its recommendations.

(d) If the council holds an informal hearing to allow each party an opportunity to present their side of the dispute, attorneys may be present at the hearings to confer with their clients. However, no attorney may participate directly in the proceedings.

(4) A majority of the six-member council shall constitute a quorum and action by a majority of a quorum shall be the official act of the council.

(5) The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. Any court of general jurisdiction in this state may enforce compliance with such subpoenas.

(6) The deliberations of the council at which the merits of a seed arbitration claim are under consideration shall not be subject to Section 25-41-1 et seq.

(7) The members of the council shall receive no compensation for the performance of their duties but shall be reimbursed for travel expenses in the manner and amount provided in Section 25-3-41, Mississippi Code of 1972 .

(8) In lieu of a hearing by the council, informal hearings for arbitration may be conducted by an independent arbitrator appointed by the commissioner. The consumer filing a complaint or the seedsmen named in the complaint may request arbitration by an independent arbitrator. When a request is made, both parties shall be notified and consent to arbitration by an independent arbitrator. The commissioner shall appoint the arbitrator from a list of six (6) persons who shall be qualified to conduct arbitration proceedings. The commissioner shall publish the lists of qualified arbitrations every other year. The arbitrator appointed by the commissioner shall conduct all proceedings and hearings as provided in Section 69-3-20 and applicable rules and regulations and shall report the findings and recommendations to the commissioner.
Miss. Code Ann. § 69-27-107 — MS Code / Title 69 / Chapter 5 / Section 27-107
Miss. Code Ann. § 69-27-107
Status: in_force

In carrying out the provisions of each plan submitted pursuant to Section 69-27-103 , and accepted by the Secretary of Agriculture, the university shall have power: to employ such agents or agencies, and to establish such agencies, as it may find to be necessary; to cooperate with local and state agencies and with agencies of other states and of the federal government; to conduct research and educational activities in connection with the formulation and operation of such plan; to enter into agreements with producers, and to provide by other voluntary methods, for adjustments in the utilization of land and in farming practices, and for payments in connection therewith in amounts which the university determines to be fair and reasonable.
Miss. Code Ann. § 69-44-7 — MS Code / Title 69 / Chapter 9 / Section 44-7
Miss. Code Ann. § 69-44-7
Status: in_force

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

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

(a) By voluntary payment by the person liable.

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

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

(4) The provisions of this chapter shall not apply to any person who purchases one thousand (1,000) or fewer bushels of corn in any calendar year, provided he is not regularly engaged in the purchase of corn.
Miss. Code Ann. § 69-3-111 — MS Code / Title 69 / Chapter 2 / Section 3-111
Miss. Code Ann. § 69-3-111
Status: in_force

The state seed certifying agency shall not have the power to engage in the sale or processing of seeds, plants or plant parts or other farm products or to designate any agency or individual for these purposes except that the state seed certifying agency may promote the sale of certified seeds in general through advertising.
Miss. Code Ann. § 69-15-13 — MS Code / Title 69 / Chapter 1 / Section 15-13
Miss. Code Ann. § 69-15-13
Status: in_force

The State Veterinarian is vested with authority to appoint and commission, without salary from the state, as its inspectors, representatives of the United States Department of Agriculture, and to accept from the United States Government such assistance, financial and otherwise, for carrying out the purpose of this statute, as may be available from time to time.
Miss. Code Ann. § 69-27-341 — MS Code / Title 69 / Chapter 3 / Section 27-341
Miss. Code Ann. § 69-27-341
Status: in_force

The commission is authorized to promulgate such rules and regulations or methods of accounting as may be necessary or expedient to give effect to the purposes expressed in Sections 69-27-331 through 69-27-341 .
Miss. Code Ann. § 69-33-9 — MS Code / Title 69 / Chapter 8 / Section 33-9
Miss. Code Ann. § 69-33-9
Status: in_force

(1) Any person who, without the owner's permission, enters upon the private property of an owner of lands upon which pecan trees are growing for the purpose of removing pecans from the premises thereof, whether from the grounds or within any facility thereon where the pecans are stored, for his or her own financial benefit which causes financial detriment and other damages or hardships to the owner of the pecan trees, shall be found guilty of violating the provisions of this chapter shall be guilty of larceny and subject to the penalties of petit larceny as prescribed in Section 97-17-43 , or grand larceny, as prescribed in Section 97-17-41 .

(2) In addition to any such fine or imprisonment that may be imposed for violating the provisions of this chapter, the court shall order restitution to be made to the owner of the severed pecans in United States currency at the current replacement value of the damage or loss. Whether the felonious crime is prosecuted as petit larceny or grand larceny shall be determined by the amount of the pecan's fair market value at the time the theft of the pecans occurred.
Miss. Code Ann. § 69-31-7 — MS Code / Title 69 / Chapter 2 / Section 31-7
Miss. Code Ann. § 69-31-7
Status: in_force

If an inspection or comparative test reveals that the moisture-measuring device being inspected or tested conforms to the standards and specifications established by the department, the department shall cause the same to be marked with an appropriate seal. Any moisture-measuring device which upon inspection is found not to conform with the specifications and standards established by the department shall be marked with an appropriate seal showing such device to be defective. The seal shall not be altered or removed until said moisture-measuring device is properly repaired and reinspected. The department shall notify the owner or user of such device of its defective condition. Notification shall be made on an inspection form prepared by the department.
Miss. Code Ann. § 69-15-327 — MS Code / Title 69 / Chapter 9 / Section 15-327
Miss. Code Ann. § 69-15-327
Status: in_force

It shall be the duty of the sheriff in any county in which the work of tick eradication is in progress, to render all livestock inspectors any assistance in the enforcement of this article and the regulations of the board of animal health. If the sheriff of any county shall neglect, fail or refuse to render this assistance when so required, he shall be guilty of a misdemeanor, and be punishable as in other cases of malfeasance or misfeasance in office.
Miss. Code Ann. § 69-27-47 — MS Code / Title 69 / Chapter 2 / Section 27-47
Miss. Code Ann. § 69-27-47
Status: in_force

Any landowner or operator may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardships in the way of his carrying out upon his lands the strict letter of the land-use regulations prescribed by ordinance approved by the commissioners, and praying the board to authorize a variance from the terms of the land-use regulations in the application of such regulations to the lands owned or operated by the petitioner. Copies of such petition shall be served by the petitioner upon the chairman of the commissioners of the district within which his lands are located and upon the chairman of the State Soil and Water Conservation committee. The board of adjustment shall fix a time for the hearing of the petition and cause due notice of such hearing to be given. The commissioners of the district and the State Soil and Water Conservation Committee shall have the right to appear and be heard at such hearing. Any owner or operator of lands lying within the district who shall object to the authorizing of the variance prayed for may intervene and become a party to the proceedings. Any party to the hearing before the board may appear in person, by agent, or by attorney. If, upon the facts presented at such hearing, the board shall determine that there are great practical difficulties or unnecessary hardship in the way of applying the strict letter of any of the land-use regulations upon the lands of the petitioner, it shall make and record such determination and shall make and record findings of fact as to the specific conditions which establish such great practical difficulties or unnecessary hardship. Upon the basis of such findings and determination, the board shall have power by order to authorize such variance from the terms of land-use regulations in their application to the lands of the petitioner, as will relieve such great practical difficulties or unnecessary hardship and will not be contrary to the public interest, and such that the spirit of the land-use regulations shall be observed, the public health, safety, and welfare secured, and substantial justice done.
Miss. Code Ann. § 69-27-339 — MS Code / Title 69 / Chapter 1 / Section 27-339
Miss. Code Ann. § 69-27-339
Status: in_force

Any two (2) or more soil and water conservation districts may combine with each other for the purpose of obtaining and using the machinery or equipment referred to in Section 69-27-331 , on the terms and conditions set forth in Sections 69-27-331 through 69-27-341 .
Miss. Code Ann. § 69-17-11 — MS Code / Title 69 / Chapter 5 / Section 17-11
Miss. Code Ann. § 69-17-11
Status: in_force

The said Board of Animal Health is hereby authorized and directed to promulgate rules and regulations not inconsistent with this article, which may be necessary to its effective administration.
Miss. Code Ann. § 69-9-7 — MS Code / Title 69 / Chapter 9 / Section 9-7
Miss. Code Ann. § 69-9-7
Status: in_force

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

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

(a) By voluntary payment by the person liable.

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

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

(4) The provisions of this chapter shall not apply to any person who purchases one thousand (1,000) or less bushels of soybeans in any calendar year, provided he is not regularly engaged in the purchase of soybeans.
Miss. Code Ann. § 69-23-13 — MS Code / Title 69 / Chapter 2 / Section 23-13
Miss. Code Ann. § 69-23-13
Status: in_force

Jurisdiction in all matters pertaining to the distribution, sale and transportation of pesticides is vested exclusively in the commissioner.
Miss. Code Ann. § 69-7-407 — MS Code / Title 69 / Chapter 3 / Section 7-407
Miss. Code Ann. § 69-7-407
Status: in_force

The Commissioner of Agriculture and Commerce shall have authority and police power to enforce any and all regulations issued pursuant thereto.
Miss. Code Ann. § 69-9-7 — MS Code / Title 69 / Chapter 8 / Section 9-7
Miss. Code Ann. § 69-9-7
Status: in_force

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

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

(a) By voluntary payment by the person liable.

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

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

(4) The provisions of this chapter shall not apply to any person who purchases one thousand (1,000) or less bushels of soybeans in any calendar year, provided he is not regularly engaged in the purchase of soybeans.
Miss. Code Ann. § 69-27-345 — MS Code / Title 69 / Chapter 1 / Section 27-345
Miss. Code Ann. § 69-27-345
Status: in_force

The State Soil and Water Conservation Commission is authorized, at one time or from time to time, to declare by resolution the necessity for issuance of negotiable general obligation bonds of the State of Mississippi to provide funds for the revolving fund established in Section 69-27-343 . Upon the adoption of a resolution by the commission, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by Sections 69-27-345 through 69-27-365 , the commission shall deliver a certified copy of its resolution or resolutions to the State Bond Commission. Upon receipt of same, the State Bond Commission, in its discretion, shall act as the issuing agent, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The amount of bonds issued under Sections 69-27-345 through 69-27-365 shall not exceed Five Hundred Thousand Dollars ($500,000.00) in the aggregate.
Miss. Code Ann. § 69-15-51 — MS Code / Title 69 / Chapter 10 / Section 15-51
Miss. Code Ann. § 69-15-51
Status: in_force

It is the purpose of Sections 69-15-51 through 69-15-69 to establish an administrative hearing procedure under the Board of Animal Health to enforce the rules and regulations of the Board of Animal Health and the statutes and laws of the State of Mississippi pertaining to the control and eradication of tuberculosis, anthrax, hog cholera, Texas and splenic fever and the fever-carrying tick (Margaropus annulatus), cattle brucellosis, anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea, cattle scabies, sheep scabies, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, equine infectious anemia and any suspected new and/or foreign diseases of livestock and poultry, and all other diseases of animals in this state, currently in effect or hereafter made and promulgated.
Miss. Code Ann. § 69-13-9 — MS Code / Title 69 / Chapter 1 / Section 13-9
Miss. Code Ann. § 69-13-9
Status: in_force

In open range counties all fences four feet high, in good repair, and substantially and closely built with rails, planks, pickets, hedges or other substantial material, or with wires or wires and plank are lawful fences; and lawful fences may be made by raising the ground into a ridge and erecting thereon a fence of rails, planks, pickets, hedges, wires, or planks and wires, or other substantial material so that the ridge and fence together be four feet high, and such material so used shall not be more than six inches apart.
Miss. Code Ann. § 69-25-31 — MS Code / Title 69 / Chapter 9 / Section 25-31
Miss. Code Ann. § 69-25-31
Status: in_force

The Commissioner of Agriculture and Commerce shall have power to make reciprocal agreements with the responsible officials of other states under which nursery stock or plants from any other state may be sold or delivered in Mississippi under the same conditions required for the sale or delivery of Mississippi nursery stock or plants in the state concerned.
Miss. Code Ann. § 69-15-209 — MS Code / Title 69 / Chapter 2 / Section 15-209
Miss. Code Ann. § 69-15-209
Status: in_force

Cattle which react to the tuberculin test or show marked diagnostic symptoms of tuberculosis shall be condemned and branded with the letter “T” on the left jaw, and be disposed of as directed by the board of animal health.
Miss. Code Ann. § 69-7-603 — MS Code / Title 69 / Chapter 5 / Section 7-603
Miss. Code Ann. § 69-7-603
Status: in_force

This article shall be administered by the Commissioner of Agriculture and Commerce.
Miss. Code Ann. § 69-15-207 — MS Code / Title 69 / Chapter 9 / Section 15-207
Miss. Code Ann. § 69-15-207
Status: in_force

In counties doing tuberculosis eradication work under the provisions of this article, owners of cattle are required to submit all their cattle to be tuberculin tested at such time and place as designated by the board of animal health, and provide such help as may be needed by the inspector doing the work.
Miss. Code Ann. § 69-36-7 — MS Code / Title 69 / Chapter 3 / Section 36-7
Miss. Code Ann. § 69-36-7
Status: in_force

The Commissioner of Agriculture and Commerce may adopt such rules and regulations, in accordance with the Mississippi Administrative Procedure Act, Section 25-43-1 et seq., Mississippi Code of 1972 , as are necessary to carry out the purposes of this chapter and the Southern Dairy Compact.
Miss. Code Ann. § 69-27-361 — MS Code / Title 69 / Chapter 2 / Section 27-361
Miss. Code Ann. § 69-27-361
Status: in_force

Bonds issued under Sections 69-27-345 through 69-27-365 shall be legal investments for commercial banks, trust companies, savings and loan associations and insurance companies organized under the laws of this state.
Miss. Code Ann. § 69-25-13 — MS Code / Title 69 / Chapter 1 / Section 25-13
Miss. Code Ann. § 69-25-13
Status: in_force

For the purpose of carrying out the provisions of this article, the Commissioner of Agriculture and Commerce may employ, prescribe the duties of, and fix the compensation of, such inspectors and other employees as he may require and incur such expenses as may be necessary, within the limits of appropriations made by law. He shall cooperate with other departments, boards and officers of this state and of the United States as far as practicable.
Miss. Code Ann. § 69-7-205 — MS Code / Title 69 / Chapter 5 / Section 7-205
Miss. Code Ann. § 69-7-205
Status: in_force

The commissioner of agriculture and commerce is hereby authorized, empowered and directed to promulgate proper rules and regulations for the issuance of the license and for the renewal thereof, and for the preparation of the proper forms to be used, and the commissioner shall, to the best of his ability, inquire into the financial responsibility of every applicant for license and shall diligently endeavor to determine such applicants' business reputation. Should the investigation made by the commissioner indicate insolvency of the applicant and such applicant is unable to establish the proof of his financial responsibility by furnishing proper credit references and financial statements, he may furnish to the commissioner copies of any contracts he may have with other allied and related businesses that would justify the commissioner in issuing the license. Otherwise, the commissioner shall not issue the license to any person who cannot reasonably establish his financial responsibility to carry out any contract he may propose to enter into.
Miss. Code Ann. § 69-28-7 — MS Code / Title 69 / Chapter 5 / Section 28-7
Miss. Code Ann. § 69-28-7
Status: in_force

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

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

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

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

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

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

(d) If a petition is rejected or the local soil and water conservation district commissioners repeal designation of an agricultural district, the ownerships within the agricultural district may appeal the decision of the district commissioners to the State Soil and Water Conservation Commission. Based upon a review of all relevant information and following a public hearing, the State Soil and Water Conservation Commission may either sustain or overturn the decision of the local soil and water conservation district.
Miss. Code Ann. § 69-11-5 — MS Code / Title 69 / Chapter 5 / Section 11-5
Miss. Code Ann. § 69-11-5
Status: in_force

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

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

(3) This chapter shall not apply to the Mississippi Department of Corrections. The department is authorized to feed to swine cooked garbage and vegetable refuse. The Mississippi Department of Corrections shall follow applicable state rules, regulations and guidelines that are equal to or exceed federal rules and regulations for cooking and feeding cooked garbage to swine. The Mississippi Department of Corrections may market and use for consumption swine that has been fed garbage.
Miss. Code Ann. § 69-13-325 — MS Code / Title 69 / Chapter 2 / Section 13-325
Miss. Code Ann. § 69-13-325
Status: in_force

The books kept by the ranger for the registration of estrays shall be open to the inspection of every person free of charge; and, at the expiration of his office, shall be handed over to his successor; and, when filed, shall be deposited with the clerk of the chancery court of the county, who shall preserve them.
Miss. Code Ann. § 69-37-11 — MS Code / Title 69 / Chapter 3 / Section 37-11
Miss. Code Ann. § 69-37-11
Status: in_force

Every person growing cotton in this state shall furnish to the commissioner and the corporation on forms supplied by the commissioner such information as the commissioner may require concerning the size and location of all commercial cotton fields and of noncommercial plantings of cotton grown as an ornamental plant or for any other purposes.
Miss. Code Ann. § 69-21-128 — MS Code / Title 69 / Chapter 10 / Section 21-128
Miss. Code Ann. § 69-21-128
Status: in_force

All aircraft being used for the aerial application of agricultural substances in this state must be registered with the department. Registration shall be valid for a period of time established by rules and regulation.
Miss. Code Ann. § 69-27-343 — MS Code / Title 69 / Chapter 8 / Section 27-343
Miss. Code Ann. § 69-27-343
Status: in_force

There is created in the State Treasury a revolving fund which shall be comprised of any monies appropriated thereto by the Legislature, the proceeds from any bonds issued under Sections 69-27-345 through 69-27-365 , and payments made by districts to the commission for amortization purposes. The costs of all machinery and equipment acquired by the commission for soil and water conservation districts under Sections 69-27-331 through 69-27-341 shall be paid from the revolving fund. The monies in the revolving fund shall not be used for any purpose other than to make available to soil and water conservation districts the machinery and equipment of the type referred to in Section 69-27-331 or to make principal and interest payments on the bond issue as required by Section 69-27-347 . The monies in the revolving fund shall not lapse to the General Fund at the end of the fiscal year.
Miss. Code Ann. § 69-11-11 — MS Code / Title 69 / Chapter 8 / Section 11-11
Miss. Code Ann. § 69-11-11
Status: in_force

The commissioner, the state veterinarian or any authorized employee of the department of agriculture and commerce shall have power and authority to enter upon any private or public property for the purpose of inspecting and investigating conditions relating to the feeding of swine to determine whether the requirements of this chapter are or are not being complied with and to inspect such premises for the purpose of eradicating and controlling contagious and infectious diseases of swine.
Miss. Code Ann. § 69-1-303 — MS Code / Title 69 / Chapter 1 / Section 1-303
Miss. Code Ann. § 69-1-303
Status: in_force

For purposes of Sections 69-1-301 to 69-1-319 , the following terms shall have the meaning ascribed herein unless the context otherwise requires:

(a) “ Beef ” means the meat produced from cattle, including veal.

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

(c) “ Covered commodity ” means any of the following:

(i) Muscle cuts of beef, lamb and pork;

(ii) Ground beef, ground lamb and ground pork;

(iii) Farm-raised fish;

(iv) Wild fish;

(v) Perishable agricultural products;

(vi) Peanuts;

(vii) Meat produced from goats;

(viii) Chicken, in whole and in part;

(ix) Ginseng;

(x) Pecans; and

(xi) Macadamia nuts.

The term covered commodity does not include an item described in this paragraph if the item is an ingredient in a processed food item.

(d) “ Farm-raised fish ” means farm-raised fish and shellfish and includes a fillet, steak, nugget and any other flesh from a farm-raised fish or shellfish. The term farm-raised fish shall not include catfish as defined in Section 69-7-605 .

(e) “ Lamb ” means meat, other than mutton, produced from sheep.

(f) “ Perishable agricultural product ” means any of the following: fresh fruits and fresh vegetables of every kind and character, whether or not frozen or packed in ice.

(g) “ Pork ” means meat produced from hogs or swine.

(h) “ Retailer ” means any establishment licensed by the commissioner under Section 69-1-18 .

(i) “ Supplier ” means a person engaged in the business of supplying a covered commodity to a retailer.

(j) “ Wild fish ” means naturally born or hatchery-raised fish and shellfish harvested in the wild and includes a fillet, steak, nugget and any other flesh from wild fish or shellfish. The term wild fish does not include net-pen aquacultural or other farm-raised fish or catfish as defined in Section 69-7-605 .
Miss. Code Ann. § 69-25-59 — MS Code / Title 69 / Chapter 2 / Section 25-59
Miss. Code Ann. § 69-25-59
Status: in_force

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

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

(3) Any party aggrieved by the action of the circuit court may appeal to the Mississippi Supreme Court in the manner provided by law and rules.
Miss. Code Ann. § 69-28-5 — MS Code / Title 69 / Chapter 9 / Section 28-5
Miss. Code Ann. § 69-28-5
Status: in_force

(a) To qualify for designation as an agricultural district, a district shall initially contain at least fifty (50) contiguous acres and may include any number of individual property ownerships; however, no single ownership shall contain less than fifteen (15) acres.

(b) Agricultural districts shall include only ownerships engaged in agricultural production.

(c) Before designation of an agricultural district, landowners must submit a petition to the local soil and water conservation district commissioners requesting designation of an agricultural district. The petition shall include the following information:

(i) A general description of the proposed agricultural district including total number of ownerships, total acreage, land use information, social and economic information about the respective area of the county and potential impacts on development of agricultural production;

(ii) Location of the proposed agricultural district boundary on a standard United States Geological Survey Quadrangle map (1:2000 scale);

(iii) Location of the proposed agricultural district boundary on the local county tax assessor map including location and identification of each ownership within the agricultural district as well as identification of all ownerships adjacent to the agricultural district;

(iv) A description of the type and extent of agricultural production activity for each ownership within the proposed agricultural district;

(v) Other pertinent information as the local soil and water conservation district commissioners may require to evaluate the petition.

(d) Individual ownership participation in an agricultural district is entirely voluntary, and no land shall be included in the agricultural district without the consent of the owner.

(e) Upon receipt of a petition the local soil and water conservation district commissioners shall notify the county board of supervisors and/or any local or regional planning or zoning body that may apply by sending a copy of the petition to such body.

(f) In evaluating a petition for the establishment of an agricultural district the local soil and water conservation district commissioners shall consider the following:

(i) The capability of the land to support continued agricultural production as indicated by soil conditions, climate, topography and other natural conditions;

(ii) The ability of the local, regional, state and international markets to support continued agricultural production; and

(iii) Any matter which might be relevant to evaluation of the petition.
Miss. Code Ann. § 69-24-25 — MS Code / Title 69 / Chapter 3 / Section 24-25
Miss. Code Ann. § 69-24-25
Status: in_force

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

(2) Any person convicted of violating any provision of this chapter or the rules and regulations issued thereunder shall be guilty of a misdemeanor and punished as provided for in Section 99-19-31 . Appeals from convictions under this subsection shall be as in other cases at law.

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

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

(5) The commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under the chapter notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
Miss. Code Ann. § 69-27-3 — MS Code / Title 69 / Chapter 3 / Section 27-3
Miss. Code Ann. § 69-27-3
Status: in_force

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

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

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

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

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

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

It is further declared to be the policy of the legislature to alleviate and prevent flood damage; to conserve the waters of the state through improvement and cover, and through impoundments and effective use for various beneficial purposes; to develop private lands and waters of the state for recreational purposes; to promulgate soil and water conservation practices and measures which beautify the landscape, and promote the economic welfare of communities, counties, and areas of the state; and to provide leadership through soil and water conservation districts to other governmental agencies, departments and private groups in the promotion of the conservation of land, water, and related resources.
Miss. Code Ann. § 69-15-67 — MS Code / Title 69 / Chapter 9 / Section 15-67
Miss. Code Ann. § 69-15-67
Status: in_force

(1) Any penalty assessed by the Board of Animal Health shall be due and payable within forty-five (45) days of the notification of the board's decision.

(2) In the event that the judgment is not paid within the forty-five (45) days, or within such additional time as the board may allow, the Board of Animal Health through its designated representative may file suit in the circuit court of the county where the defendant resides or in the case of a nonresident defendant in the Circuit Court of the First Judicial District of Hinds County or any other court with appropriate jurisdiction to enforce the decision of the board and recover reasonable attorney's fees and all court costs.

(3) A copy of the notification sent by the board to the violator shall be sufficient proof as to the judgment of the board.
Miss. Code Ann. § 69-13-323 — MS Code / Title 69 / Chapter 5 / Section 13-323
Miss. Code Ann. § 69-13-323
Status: in_force

The ranger shall note the time and amount of sale in his register opposite the record of the certificate of such estray, and shall forthwith pay over to the depository of the county the net proceeds of such sale, after deducting all lawful charges; and it shall be his duty to make a full report in writing, under oath, to the board of supervisors, at each regular meeting in January and July, of the amount of money received by him on account of the sale of estrays, and a detailed statement of the disposition thereof.
Miss. Code Ann. § 69-27-45 — MS Code / Title 69 / Chapter 5 / Section 27-45
Miss. Code Ann. § 69-27-45
Status: in_force

The board of adjustment shall adopt rules to govern its procedure, which rules shall be in accordance with the provisions of this article, and with the provisions of any ordinance adopted pursuant to Sections 69-27-43 to 69-27-49 . The board shall designate a chairman from among its members, and may, from time to time, change such designation. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Any two (2) members of the board shall constitute a quorum. The chairman, or in his absence such other member of the board as he may designate to serve as acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep a full and accurate record of all proceedings, of all documents filed with it, and of all orders entered, which shall be filed in the office of the board and shall be a public record.
Miss. Code Ann. § 69-25-219 — MS Code / Title 69 / Chapter 10 / Section 25-219
Miss. Code Ann. § 69-25-219
Status: in_force

(1) Any person convicted of a felony relating to a controlled substance under state or federal law before, on or after the date of enactment of this article [June 29, 2020], shall be ineligible, during the ten-year period following the date of the conviction to participate in the program established under this article and to produce hemp under any regulations or guidelines issued under this article.

(2) Any person who materially falsifies any information contained in an application to participate in the State Plan established under this article shall be ineligible to participate in the State Plan.

(3) In addition to any inspection conducted, the department may inspect any hemp crop at any time and take a representative composite sample for analysis. It shall be the duty of the department to take such samples and deliver them to the State Chemist for examination and analysis. It shall be the duty of the State Chemist to cause as many analyses to be made of samples delivered to him or her by the department as may be necessary to properly implement the intent of this article. The State Chemist shall make a report of such analyses to the department.

(4) The department shall charge growers and processors a fee or fees as determined by the department in a sufficient amount to cover the costs required to administer and enforce the provisions of this chapter.
Miss. Code Ann. § 69-29-105 — MS Code / Title 69 / Chapter 8 / Section 29-105
Miss. Code Ann. § 69-29-105
Status: in_force

(1) Any cattle or other livestock owner, who uses or desires to use and adopt a brand or mark to identify his livestock must register his brand or mark by making application for such registration to the Department of Agriculture and Commerce. Not only all livestock owners who have their cattle branded before this law goes into effect must apply for registration, but also those persons who desire to brand or mark their livestock for the first time must apply for registration, and submit their proposed brand or mark to the department for clearing before it is applied. The application shall be made on forms prescribed and furnished by the department, which application shall be accompanied by a fee of Five Dollars ($5.00) and a facsimile of the brand or mark or proposed brand or mark to be registered shall also be furnished by the applicant. All fees collected hereunder for registration, transfer, or reregistration of brands or marks shall be deposited in the State Treasury. If the brand or mark described in the application has not previously been registered by another cattle owner, or does not closely resemble a registered brand or mark, the department shall approve the application, register the brand or mark in the name of the applicant, and issue to the applicant a certificate of registration. In case of duplication of brands or marks as shown by applications, the owner of the brand or mark who first records with the department will be recognized. When a livestock owner, who has registered a brand or mark with the department, transfers such brand or mark to another person, he shall immediately notify the department of the transfer, giving the date of transfer, and the name and address of the transferee. Upon receipt of the notice and a transfer fee of Two Dollars ($2.00), the department shall cause such transfer to be noted in the register of brands and marks, and such brand or mark shall not be used by the new owner until permission has been given by the department for the use of such brand or mark.

(2) No two (2) or more brands or marks of the same design or figure, and no two (2) or more earmarks of the same kind shall be adopted, designed and recorded, and when a brand, mark or earmark shall have been designed, adopted and recorded, the person so adopting and recording same shall be entitled to the exclusive use thereof, and it shall be his exclusive property, but the right to the use of such brand or mark may be sold and transferred by an instrument in writing, signed, acknowledged and recorded in the chancery clerk's office of the county where the brand, mark or earmark is recorded. When the right to the use of a brand, mark or earmark has been sold and transferred and recorded as herein provided, the chancery clerk shall note on the “brand, mark and earmark book” that such brand, mark or earmark has been sold and transferred, giving the book and page where such transfer is recorded.

(3) Any person who shall violate any of the provisions of subsection (2) of this section shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and by imprisonment in the county jail not less than thirty (30) days nor more than six (6) months. Any person convicted of stealing livestock is subject to the penalties provided in Section 97-17-53 .
Miss. Code Ann. § 69-37-9 — MS Code / Title 69 / Chapter 8 / Section 37-9
Miss. Code Ann. § 69-37-9
Status: in_force

The commissioner and the corporation or their authorized agent(s), after first notifying the owner, shall have authority to enter cotton fields, cotton processing facilities and other premises in order to carry out survey, suppression or eradication activities, including treatment with pesticides and monitoring of growing cotton or other host plants as may be necessary to carry out the provisions of this chapter. The commissioner and the corporation or their authorized agent(s) shall have authority to make inspection of any fields or premises in this state and any property located therein for the purpose of determining whether such property is infested with the boll weevil and for determining the extent of infestation. Such inspection and other activities may be conducted in a reasonable manner without a warrant at any reasonable time. Any judge of this state may, within his or her jurisdiction and upon proper cause shown, issue a warrant giving the commissioner the right of entry to any premises for the purpose of carrying out the provisions of this section or other activities authorized by this chapter.
Miss. Code Ann. § 69-35-25 — MS Code / Title 69 / Chapter 3 / Section 35-25
Miss. Code Ann. § 69-35-25
Status: in_force

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

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

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

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

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

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

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

(3) Not later then thirty (30) days prior to the beginning of the referendum, each cooperative association shall notify the state ADA and extension service as to whether or not the association intends to vote on behalf of its bulk tank units.
Miss. Code Ann. § 69-55-3 — MS Code / Title 69 / Chapter 5 / Section 55-3
Miss. Code Ann. § 69-55-3
Status: in_force

In response to the COVID-19 pandemic, the Mississippi Department of Agriculture and Commerce shall establish and administer the following grant programs:

(a) The Poultry Farmer Stabilization Grant Program for the purpose of assisting Mississippi poultry farmers who have experienced a loss of at least one (1) full flock of production due to the COVID-19 pandemic;

(b) The Mississippi Supplemental CFAP Grant Program for the purpose of assisting commodity producers who qualified for the USDA's Coronavirus Food Assistance Program (CFAP); and

(c) The Sweet Potato Farm Sustainment Grant Program for the purpose of providing grants to sweet potato farmers to cover expenses due to the COVID-19 pandemic.
Miss. Code Ann. § 69-15-11 — MS Code / Title 69 / Chapter 3 / Section 15-11
Miss. Code Ann. § 69-15-11
Status: in_force

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

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

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

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

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

(5) Information and records pertaining to all animal diseases within the state will be kept confidential except for those reports concerning diseases that are specifically regulated for mandatory control and eradication, or when release of such information is deemed necessary by the State Veterinarian to protect the public health, other livestock or wildlife.
Miss. Code Ann. § 69-45-15 — MS Code / Title 69 / Chapter 5 / Section 45-15
Miss. Code Ann. § 69-45-15
Status: in_force

It is unlawful for any person to use, reproduce or distribute the logo of the Mississippi Agricultural Promotions Program without being registered with the department or to otherwise violate the provisions of this chapter or any rules adopted under this chapter. Any person who violates any of the provisions of this chapter or any rule promulgated under this chapter revokes his rights for logo use or any funding hereunder.
Miss. Code Ann. § 69-24-11 — MS Code / Title 69 / Chapter 5 / Section 24-11
Miss. Code Ann. § 69-24-11
Status: in_force

The commissioner and State Chemist are authorized and empowered to refuse registration of a soil or plant amendment if they find the brand of soil or plant amendment violates any section of this chapter or the rules and regulations promulgated under this chapter. The commissioner and State Chemist are authorized and empowered to cancel the registration of any brand of soil or plant amendments upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of this chapter, or any rules or regulations promulgated thereunder; provided, that no registration shall be revoked until the registrant shall have been given the opportunity to appear for a hearing by the commissioner and State Chemist.
Miss. Code Ann. § 69-7-331 — MS Code / Title 69 / Chapter 5 / Section 7-331
Miss. Code Ann. § 69-7-331
Status: in_force

In carrying out the provisions of this article, the Commissioner of Agriculture and Commerce, his employees or agents are authorized to enter, on any business day, during the usual hours of business, any store, market or any other building or place where eggs are sold or offered for sale and to make such examination as is necessary to determine the quality and size of eggs sold or offered for sale.
Miss. Code Ann. § 69-3-119 — MS Code / Title 69 / Chapter 1 / Section 3-119
Miss. Code Ann. § 69-3-119
Status: in_force

The Commissioner of Agriculture and Commerce of Mississippi is hereby vested with the responsibility for enforcing the provisions of this article.
Miss. Code Ann. § 69-15-15 — MS Code / Title 69 / Chapter 5 / Section 15-15
Miss. Code Ann. § 69-15-15
Status: in_force

(1) The Board of Animal Health shall have the power and duty to quarantine all herds of cattle where a diagnosis of anthrax is made.

(2) Such quarantine shall remain in effect until the State Veterinarian receives a certificate which is signed by a Mississippi licensed and accredited veterinarian, and which states that such herd has been properly treated and vaccinated and that the medical waste and any dead animals from such herd have been properly disposed. The proper disposal of such dead animals shall be by burning the animal at the spot of death or by burying the animal six (6) feet deep and covering the animal with quick lime.

(3) The Board of Animal Health shall have the power and duty to quarantine all herds of cattle on lands immediately adjacent to any infected herd. Such quarantine shall remain in effect until the State Veterinarian receives a certificate as specified in subsection (2) of this section.

(4) Any person, firm or corporation failing to comply with any of the provisions of this section, or interfering with the State Veterinarian or any duly appointed officer of the State Veterinarian in the discharge of his duty or for having discharged his duties, shall be deemed in violation of the provisions of this section and shall be subject to the penalties provided in Section 69-15-65, Mississippi Code of 1972 .
Miss. Code Ann. § 69-44-1 — MS Code / Title 69 / Chapter 9 / Section 44-1
Miss. Code Ann. § 69-44-1
Status: in_force

The purpose of this chapter is to promote the growth and development of the corn industry in Mississippi by research, advertisement promotions and education and market development, thereby promoting the general welfare of the people of this state.

For purposes of this chapter:

(a) “ Board ” means the Mississippi Corn Promotion Board.

(b) “ Department ” means the Mississippi Department of Agriculture and Commerce.
Miss. Code Ann. § 69-3-101 — MS Code / Title 69 / Chapter 2 / Section 3-101
Miss. Code Ann. § 69-3-101
Status: in_force

The Commissioner of Agriculture and Commerce, the president of Mississippi State University of Agriculture and Applied Science, and the director of the agricultural and forestry experimental station of Mississippi State University of Agriculture and Applied Science are hereby vested with the full authority to designate a seed improvement association as the official state seed certifying agency for the State of Mississippi. Said officials are hereby further authorized, if they shall be satisfied at any time that the association acting as the official state seed certifying agency is not functioning in a manner conducive to the best interest of agriculture in this state, to terminate the appointment of such association, and to designate another seed improvement association as the official state seed certifying agency.
Miss. Code Ann. § 69-23-25 — MS Code / Title 69 / Chapter 8 / Section 23-25
Miss. Code Ann. § 69-23-25
Status: in_force

Upon the condition that the State of Mississippi is certified by the Administrator of the United States Environmental Protection Agency to issue experimental use permits for the testing of pesticides, the commissioner of agriculture and commerce may prescribe regulations for the issuance of such experimental permits. The commissioner may issue such experimental permit if he determines that the applicant needs the permit to obtain information necessary to register a pesticide under the provisions of this chapter.
Miss. Code Ann. § 69-25-43 — MS Code / Title 69 / Chapter 5 / Section 25-43
Miss. Code Ann. § 69-25-43
Status: in_force

The provisions of this article shall not be so construed or enforced as to conflict in any way with any act of Congress regulating the movement of plants or plant products in interstate or foreign commerce.
Miss. Code Ann. § 69-37-17 — MS Code / Title 69 / Chapter 2 / Section 37-17
Miss. Code Ann. § 69-37-17
Status: in_force

(1) At the request of the corporation, the bureau shall authorize a statewide referendum among all Mississippi cotton growers on the question of whether an assessment, not to exceed One Dollar ($1.00) per acre, shall be levied upon all cotton producers to offset, in whole or in part, the cost of maintaining the corporation, conducting referenda, and/or conducting a program to collect data and information on boll weevil populations and control costs. Any assessments levied for data-collecting programs as a result of the referendum shall be in addition to assessments being collected to support any other boll weevil management programs in the state.

(2) At the request of the corporation, the bureau shall authorize a statewide referendum among all Mississippi cotton growers on the question of whether an assessment, not to exceed Twelve Dollars ($12.00) per acre, shall be levied upon all cotton growers to offset, in whole or in part, the cost of managing boll weevil suppression, pre-eradication, eradication, or post-eradication programs authorized by this chapter or by any other law of this state. The programs shall be designed on a statewide basis.

(3) The assessment levied under this chapter shall be based upon the level of boll weevil infestation and the anticipated cost of conducting the proposed program, as determined by available scientific data, and the number of acres of cotton planted in the specified management zone. The maximum amount of the assessment, the period of time for which it shall be levied, how it shall be levied, and when it shall be paid shall be determined by the bureau and the board and established by regulations according to this section. The maximum amount of the assessment, the period of time for which it will be levied, and when the payment is due shall appear on all ballots for the referenda authorized by subsections (1) and (2) of this section.

(4) All cotton growers having membership in a local cotton growers association shall be entitled to vote in any referendum authorized by subsections (1) and (2) of this section, and the bureau, after consultation with the corporation, shall determine any questions of eligibility to vote. A cotton grower must be growing cotton within this state and be a member of a local cotton growers association in order to be eligible to vote in elections and referenda concerning boll weevil management practices.

(5) Each eligible cotton grower shall be mailed a ballot upon which to cast a vote for or against the boll weevil suppression, pre-eradication, eradication or post-eradication program.

(6) Passage of a referendum under subsection (1) or (2) of this section shall require that at least twenty percent (20%) of the registered cotton growers vote in the referendum and that a majority of those voting statewide approve the referendum.

(7)(a) The assessments collected by the department under this chapter shall be promptly remitted to the State Treasury on behalf of the corporation in the special fund established in paragraph (b) of this subsection to be held in trust for the use and benefit of the corporation in administering the designated boll weevil management program through the suppression, pre-eradication, eradication or post-eradication of boll weevils.

(b) There is created within the State Treasury a special fund to be designated the “Mississippi Boll Weevil Management Corporation Trust Fund” into which shall be deposited all the revenues collected by the department for assessments levied under the provisions of this section. Monies in the fund shall be disbursed upon warrants issued by the State Fiscal Officer upon requisitions signed by the corporation's board. Monies in the fund shall remain inviolate and any unexpended amounts remaining in the fund at the end of the fiscal year, and any interest earned thereon, shall be divested to the corporation.

(8)(a) The corporation shall provide to the department an annual audit of its accounts performed by a certified public accountant.

(b) The corporation shall provide the annual audit no later than November 15 for the preceding calendar year.

(9) The assessments collected by the department under this chapter shall not be considered as “state” funds.

(10) Upon completion or termination of a program, any unused funds shall be transferred to and deposited in the Boll Weevil Management Fund created under Section 69-37-39 , for the purpose of being used if there is a future occurrence of a boll weevil outbreak in the state.
Miss. Code Ann. § 69-17-9 — MS Code / Title 69 / Chapter 5 / Section 17-9
Miss. Code Ann. § 69-17-9
Status: in_force

The application for registration shall be made in such form and contain such information as may be prescribed by the Board of Animal Health of the State of Mississippi and shall give in detail the composition of the preparation, the safety of its use, recommendations and directions for use, claims of effectiveness and proof of all claims, and shall include an official product label and any other evidence which the said board considers necessary in determining eligibility of registration in compliance with this article.
Miss. Code Ann. § 69-29-1 — MS Code / Title 69 / Chapter 8 / Section 29-1
Miss. Code Ann. § 69-29-1
Status: in_force

(1)(a) There is established the Mississippi Agricultural and Livestock Theft Bureau.

(b) The Commissioner of Agriculture and Commerce shall appoint a director of the Mississippi Agricultural and Livestock Theft Bureau. Such director shall have at least five (5) years of law enforcement experience. Such director shall be responsible solely to the supervision of the Commissioner of Agriculture and to no other person or entity. Such director may be discharged only for just cause shown.

(c) The director may employ twelve (12) agricultural and livestock theft investigators. Each investigator shall be certified as a law enforcement officer, successfully completing at least a nine-week training course, in accordance with Section 45-6-11 . The curriculum for the training of constables shall not be sufficient for meeting the certification requirements of this paragraph. In the selection of investigators under this section, preference shall be given to persons who have previous law enforcement experience.

(d) The director appointed under this section, under the direction, control and supervision of the commissioner, and the investigators employed under this section shall perform only the duties described in subsection (2) of this section and shall not be assigned any other duties.

(2) The director appointed under this section and the investigators employed under this section shall have the following powers, duties and authority:

(a) To enforce all of the provisions of Sections 69-29-9 and 69-29-11 , and particularly those portions requiring persons transporting livestock to have a bill of sale in their possession; to make investigations of violations of such sections and to arrest persons violating same;

(b) To enforce all of the laws of this state enacted for the purpose of preventing the theft of livestock, poultry, timber and agricultural, aquacultural and timber products and implements; to make investigations of violations thereof and to arrest persons violating same;

(c) To cooperate with all regularly constituted law enforcement officers relative to the matters herein set forth;

(d) To serve warrants and other process emanating from any court of lawful jurisdiction, including search warrants, in all matters herein set forth;

(e) To carry proper credentials evidencing their authority, which shall be exhibited to any person making demand therefor;

(f) To make arrests without warrant in all matters herein set forth in cases where same is authorized under the constitutional and general laws of this state;

(g) To handle the registration of brands of cattle and livestock;

(h) To investigate, prevent, apprehend and arrest those persons anywhere in the state who are violating any of the laws administered by the Department of Agriculture and Commerce, including, but not limited to, all agriculture-related crimes;

(i) To access and examine records of any person, business or entity that harvests, loads, carries, receives or manufactures timber products as defined in this section. Each such person or entity shall permit the director or any investigator of the Mississippi Agricultural and Livestock Theft Bureau to examine records of the sale, transfer or purchase of timber or timber products, including, but not limited to, contracts, load tickets, settlement sheets, drivers' logs, invoices, checks and any other records or documents related to an ongoing investigation of the Mississippi Agricultural and Livestock Theft Bureau;

(j) To conduct training for law enforcement regarding laws enforced by the bureau and to assist any other law enforcement agencies in responding to matters that may be related to agriculture and commerce in the State of Mississippi and in cases of natural disasters or other disasters to respond as needed or as requested by other agencies.

(3) The Commissioner of Agriculture and Commerce shall furnish such investigators with such vehicles, equipment and supplies as may be necessary. All expenses of same, and all other expenses incurred in the administration of this section, shall be paid from such appropriation as may be made by the Legislature.

(4) The Mississippi Department of Revenue and its agents and employees shall cooperate with such investigators by furnishing to them information as to any possible or suspected violations of any of the laws mentioned herein, including specifically Section 69-29-27, and in any other lawful manner.

(5) The conservation officers of the Department of Wildlife, Fisheries and Parks are authorized to cooperate with and assist the agricultural and livestock theft investigators in the enforcement and apprehension of violators of laws regarding agricultural and livestock theft.

(6) The Mississippi Forestry Commission employees are excluded from any timber and timber products theft investigative responsibilities except when technical expertise is needed and requested through the State Forester or his designee.

(7) For the purposes of this section, “ timber product ” means timber of all kinds, species or sizes, including, but not limited to, logs, lumber, poles, pilings, posts, blocks, bolts, cordwood and pulpwood, pine stumpwood, pine knots or other distillate wood, crossties, turpentine (crude gum), pine straw, firewood and all other products derived from timber or trees that have a sale or commercial value.
Miss. Code Ann. § 69-23-21 — MS Code / Title 69 / Chapter 5 / Section 23-21
Miss. Code Ann. § 69-23-21
Status: in_force

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

(a) If it is adulterated or misbranded;

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

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

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

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

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

(4) The remedy in this section is supplemental to and not in replacement of the remedies under Sections 69-25-51 through 69-25-63 .
Miss. Code Ann. § 69-29-301 — MS Code / Title 69 / Chapter 9 / Section 29-301
Miss. Code Ann. § 69-29-301
Status: in_force

This article may be cited and shall be known as the “Animal Research or Exhibiting Facilities Protection Act.”
Miss. Code Ann. § 69-29-101 — MS Code / Title 69 / Chapter 3 / Section 29-101
Miss. Code Ann. § 69-29-101
Status: in_force

The purpose of this article is to provide a place for registration of brands or marks of cattle and other livestock in an appropriate bureau, which may be called the Mississippi Agricultural and Livestock Theft Bureau, in the Department of Agriculture and Commerce under the Commissioner of Agriculture and Commerce of the State of Mississippi, in order to avoid confusion as to brands or marks of cattle and other livestock, and to protect the owners against theft, and to aid the agricultural and livestock theft investigators in the Department of Agriculture and Commerce in tracing such cattle and other livestock when stolen, apprehending such thieves and returning the cattle and other livestock to the owner thereof.
Miss. Code Ann. § 69-15-211 — MS Code / Title 69 / Chapter 5 / Section 15-211
Miss. Code Ann. § 69-15-211
Status: in_force

The county boards of supervisors of counties engaged in eradicating tuberculosis in livestock under the area plan in co-operation with the board of animal health and the United States Bureau of Animal Industry may pay out of the general funds of the county money for necessary expenditure including the employment of accredited or approved veterinarians and for the payment of indemnity to cattle owners who have animals slaughtered because of having reacted to a tuberculin test authorized by the board and the United States Bureau of Animal Industry. Provided that said animals so classed are appraised and slaughtered as provided in the rules and regulations of the board of animal health. The indemnity received shall not exceed fifty dollars ($50.00) for each grade animal or one hundred dollars ($100.00) for each registered animal so condemned.
Miss. Code Ann. § 69-25-63 — MS Code / Title 69 / Chapter 3 / Section 25-63
Miss. Code Ann. § 69-25-63
Status: in_force

When any penalty assessed by the hearing officer or committee is not paid, the department may file suit in a court of competent jurisdiction for the purpose of reducing the order of the hearing officer or committee to judgment, and if successful on the merits, the department shall be entitled to an award for reasonable attorney's fees and court costs.
Miss. Code Ann. § 69-15-67 — MS Code / Title 69 / Chapter 3 / Section 15-67
Miss. Code Ann. § 69-15-67
Status: in_force

(1) Any penalty assessed by the Board of Animal Health shall be due and payable within forty-five (45) days of the notification of the board's decision.

(2) In the event that the judgment is not paid within the forty-five (45) days, or within such additional time as the board may allow, the Board of Animal Health through its designated representative may file suit in the circuit court of the county where the defendant resides or in the case of a nonresident defendant in the Circuit Court of the First Judicial District of Hinds County or any other court with appropriate jurisdiction to enforce the decision of the board and recover reasonable attorney's fees and all court costs.

(3) A copy of the notification sent by the board to the violator shall be sufficient proof as to the judgment of the board.
Miss. Code Ann. § 69-7-609 — MS Code / Title 69 / Chapter 2 / Section 7-609
Miss. Code Ann. § 69-7-609
Status: in_force

All distributors, processors or wholesalers of catfish products, distributing or selling catfish products, shall provide information to each person, firm or corporation to whom they distribute or sell catfish products for resale as to the labeling information required in subsection (1) of Section 69-7-607 .
Miss. Code Ann. § 69-25-51 — MS Code / Title 69 / Chapter 8 / Section 25-51
Miss. Code Ann. § 69-25-51
Status: in_force

(1) When any administrative allegation or charge is made against a person for violating the rules and regulations of the Bureau of Plant Industry of the Mississippi Department of Agriculture and Commerce or the laws under Sections 69-3-1 through 69-3-29 , Sections 69-19-1 through 69-19-15 , Sections 69-21-101 through 69-21-128 , Sections 69-23-1 through 69-23-135 , Sections 69-25-1 through 69-25-47 , Sections 69-25-101 through 69-25-109 , or Sections 69-25-201 through 69-25-221 , the Director of the Bureau of Plant Industry, or his designee, shall act as the reviewing officer. The complaint must be in writing, signed by the person making the charge, and filed in the Office of the Bureau of Plant Industry. The department shall send a copy of the complaint and any supporting documents to the person accused along with a summons requiring the accused to respond to the allegations within thirty (30) days. The notification shall be accomplished by any of the methods provided for in Rule 4 of the Mississippi Rules of Civil Procedure or by certified mail. If the accused does not respond within the thirty-day period, he shall be considered to be in default. Upon receipt of the response and any supporting documents from the accused, the reviewing officer shall determine the merits of the complaint. The reviewing officer may meet informally with the accused and discuss the alleged violation with him.

(2) If the reviewing officer determines that the complaint lacks merit, he may dismiss the complaint.

(3) If the reviewing officer determines that there is substantial evidence that a violation has occurred or if the accused admits to the truth of the allegations upon which the complaint is based, the reviewing officer may impose an appropriate penalty on the accused, which may be any or all of the following:

(a) Issue a warning letter.

(b) Suspend, modify, deny, cancel or revoke any license or permit granted by the department to the accused.

(c) Issue a stop sale order with regard to any pesticide, plant or other material regulated by the department that is mislabeled or otherwise not in compliance with applicable law or regulations.

(d) Require the accused to relabel any pesticide, plant or other material regulated by the department that is mislabeled.

(e) Seize any pesticide, plant or other material regulated by the department and sell, destroy or otherwise dispose of the material and apply the proceeds of the sale to the state's expenses and any fees or penalties levied under this article.

(f) Refuse to register, cancel or suspend the registration of a pesticide, plant or other material that is not in compliance with any applicable law or regulation.

(g) Levy a civil penalty in an amount not to exceed Five Thousand Dollars ($5,000.00) for each violation.

In determining the amount of the penalty, the reviewing officer shall consider the appropriateness of the penalty for the particular violation, the effect of the penalty on the person's ability to continue in business and the gravity of the violation.

(4) If the accused requests a hearing with the department, in writing, within thirty (30) days from receipt of the decision of the reviewing officer, the commissioner shall appoint three (3) members of the advisory board to the Bureau of Plant Industry to act as a hearing committee and a hearing shall be scheduled. If the accused fails to request a hearing within the thirty-day period, the decision of the reviewing officer is final.
Miss. Code Ann. § 69-44-15 — MS Code / Title 69 / Chapter 1 / Section 44-15
Miss. Code Ann. § 69-44-15
Status: in_force

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

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

(3) The commissioner may apply for and the court may grant a temporary or permanent injunction on disbursements made to the board from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
Miss. Code Ann. § 69-39-1 — MS Code / Title 69 / Chapter 2 / Section 39-1
Miss. Code Ann. § 69-39-1
Status: in_force

This chapter shall be known and may be cited as “The Mississippi Agricultural Liming Materials Act of 1993.” This chapter shall be administered by the Commissioner of Agriculture and Commerce of the State of Mississippi herein referred to as the “commissioner.”
Miss. Code Ann. § 69-29-13 — MS Code / Title 69 / Chapter 3 / Section 29-13
Miss. Code Ann. § 69-29-13
Status: in_force

The owner of any cattle or stock which shall be mortgaged shall, within thirty days, give notice to the mortgagee of the death, theft or estray of any animal included in the lien created by said mortgage, if the mortgagor has knowledge of the death, theft or estray, and any owner who shall fail to give such notice shall be guilty of a misdemeanor and shall upon conviction, be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) or be imprisoned in the county jail for not more than sixty (60) days, or both.