Miss. Code Ann. § 69-37-11 — MS Code / Title 69 / Chapter 9 / 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. § 69-51-5 — MS Code / Title 69 / Chapter 2 / Section 51-5
Miss. Code Ann. § 69-51-5
Status: in_force

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

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

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

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

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

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

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

“ Cogeneration ” means the combined generation of:

(a) Electrical or mechanical power; and

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

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

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

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

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

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

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

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

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

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

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

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

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

(13) It is the intent of this legislation that corn, biomass and resource commodities shall be furnished totally by Mississippi farmers insofar as the supply is available.
Miss. Code Ann. § 69-11-3 — MS Code / Title 69 / Chapter 2 / Section 11-3
Miss. Code Ann. § 69-11-3
Status: in_force

For the purpose of this chapter, the following words shall mean:

(a) “Commissioner” shall mean the commissioner of agriculture and commerce.

(b) “Person” means the state, any municipality, county, political subdivision, institution, individual, partnership, corporation or association.

(c) “Garbage” means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods including animal and fowl carcasses or parts thereof.

(d) “Swine” means hogs, pigs or shoats.
Miss. Code Ann. § 69-7-651 — MS Code / Title 69 / Chapter 1 / Section 7-651
Miss. Code Ann. § 69-7-651
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Catfish Processor Fair Practices Act of 1986.”
Miss. Code Ann. § 69-17-7 — MS Code / Title 69 / Chapter 9 / Section 17-7
Miss. Code Ann. § 69-17-7
Status: in_force

Any biologics, drugs, remedies, tonics, medicine or other preparation hereinabove referred to which are licensed or which are authorized to be sold under and in accordance with the Public Health Service Act of July 1, 1944 (58 Stat. 682; 42 U.S.C. Supp.V. 201 et seq.) or under the animal virus-serum-toxin law of March 4, 1913 (37 Stat. 832; 21 U.S.C. 151 et seq. ) shall be exempt from the provisions of this article.
Miss. Code Ann. § 69-25-37 — MS Code / Title 69 / Chapter 8 / Section 25-37
Miss. Code Ann. § 69-25-37
Status: in_force

Any person affected by any rule or regulations made, or notice given, pursuant to this article, may have a review thereof by the Commissioner of Agriculture and Commerce for the purpose of having such rule, regulation or notice modified, suspended or withdrawn. Such review shall be allowed and considered and the cost thereof fixed, assessed, collected and paid in such manner and in accordance with such rules and regulations as may be prescribed by the commissioner.
Miss. Code Ann. § 69-9-13 — MS Code / Title 69 / Chapter 5 / Section 9-13
Miss. Code Ann. § 69-9-13
Status: in_force

The State Tax Commission shall provide any information necessary to assist the Mississippi Department of Agriculture and Commerce in collecting the assessments provided for in this chapter.
Miss. Code Ann. § 69-23-111 — MS Code / Title 69 / Chapter 2 / Section 23-111
Miss. Code Ann. § 69-23-111
Status: in_force

(1) After October 21, 1976, it is unlawful for any person to engage in the application or use of any pesticide that is restricted by EPA or the commissioner, except as provided for and defined in Sections 69-19-1 through 69-19-15 , 69-21-101 through 69-21-128 and 69-23-1 through 69-23-29 , without being certified or licensed by the commissioner.

(2) The commissioner may classify licenses or permits to be issued under Sections 69-23-101 through 69-23-135 . Separate classifications and subclassifications may be specified by the commissioner in conformity with FIFRA. Each classification may be subject to separate requirements of testing procedures.

(3) Application for license shall be made on a form provided by the commissioner and shall contain information regarding the applicant's qualifications, proposed operations, and license classification or classifications as prescribed by regulations.

(4) The commissioner shall require each applicant for a certified applicator's license to demonstrate competency by a written or oral examination, or any other equivalent procedure as may be adopted by the commissioner by regulation, that he possesses adequate knowledge with respect to the proper use and application of pesticides in the particular categories or classification for which application for license is made. The commissioner may cooperate with other state, federal and private agencies in preparing, administering and evaluating examinations or other equivalent procedures, including training, for determining competency of certified applicators, and shall consider and be guided by certification requirements set forth by EPA.

(5) If the commissioner finds the applicant qualified in the classification for which he has applied, he shall issue a certified applicator's license limited to that classification. Expiration dates of licenses may be established by regulation, unless revoked, suspended, denied, cancelled or modified prior thereto by the commissioner for cause as hereinafter provided.
Miss. Code Ann. § 69-15-65 — MS Code / Title 69 / Chapter 3 / Section 15-65
Miss. Code Ann. § 69-15-65
Status: in_force

(1) Each violation of the rules and regulations of the Board of Animal Health or violations of any other of the laws governing the eradication of contagious diseases in animals and livestock shall be subject to the imposition of a civil penalty up to One Thousand Dollars ($1,000.00).

(2) When one or more animals are involved and are the subject of the violation each animal shall constitute a separate violation.
Miss. Code Ann. § 69-3-15 — MS Code / Title 69 / Chapter 2 / Section 3-15
Miss. Code Ann. § 69-3-15
Status: in_force

(1) Seed not having a reasonable germination or which are extremely impure, notwithstanding the fact that they may be properly labeled, shall be withdrawn from sale and declared worthless when, in the opinion of the commissioner, such withdrawal is in the interest of normal crop production in this state.

(2) Worthless seed in violation of this article shall not be sold or given away for planting purposes.
Miss. Code Ann. § 69-27-361 — MS Code / Title 69 / Chapter 8 / 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. § 69-27-15 — MS Code / Title 69 / Chapter 8 / Section 27-15
Miss. Code Ann. § 69-27-15
Status: in_force

Any twenty-five (25) owners of land lying within the limits of the territory proposed to be organized into a district may file a petition with the State Soil and Water Conservation Committee asking that a soil and water conservation district be organized to function in the territory described in the petition. Such petition shall set forth:

(a) The proposed name of said district.

(b) 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 described in the petition.

(c) A description of the territory proposed to be organized as a district, which description shall not be required to be given by metes and bounds or by legal subdivisions, but shall be deemed sufficient if generally accurate.

(d) A request that the State Soil and Water Conservation Committee duly define the boundaries for such district; that a referendum be held within the territory so defined on the question of the creation of a soil conservation district in such territory; and that the committee determine that such a district be created.

Where more than one petition is filed covering parts of the same territory, the State Soil and Water Conservation Committee may consolidate all or any such petitions.
Miss. Code Ann. § 69-7-323 — MS Code / Title 69 / Chapter 2 / Section 7-323
Miss. Code Ann. § 69-7-323
Status: in_force

No person, firm, organization or corporation shall sell, offer for sale, or advertise for sale shell eggs that do not meet the minimum requirements for U. S. Consumer Grade AA, Grade A, or Grade B. Any change in the U. S. standards of quality for individual eggs made by the U. S. Department of Agriculture not conforming to the above designated standards shall be adopted in lieu of the above designated standards.
Miss. Code Ann. § 69-35-7 — MS Code / Title 69 / Chapter 1 / Section 35-7
Miss. Code Ann. § 69-35-7
Status: in_force

No association, meeting or activity undertaken pursuant to the provisions of this act and intended to benefit all of the producers and handlers of milk and dairy products in Mississippi shall be deemed or considered illegal or in restraint of trade.
Miss. Code Ann. § 69-15-117 — MS Code / Title 69 / Chapter 2 / Section 15-117
Miss. Code Ann. § 69-15-117
Status: in_force

(1) All equidae located on any premises within the state where the public participates in equine activities for any purpose, including, but not limited to, training, breeding, performing or exhibition shall be accompanied by the original copy of a negative current equine infectious anemia (EIA) test. All equidae moving within the state for any reason shall be accompanied by the original copy of a negative current equine infectious anemia (EIA) test. Equidae being sold at a public sale or sold at a private sale shall have a negative current equine infectious anemia (EIA) test.

(2) The Board of Animal Health shall promulgate rules and regulations to enforce this section.

(3) Any person violating this section or the rules and regulations promulgated under this section by the Board of Animal Health is subject to the penalties provided in Section 69-15-65 .
Miss. Code Ann. § 69-13-115 — MS Code / Title 69 / Chapter 9 / Section 13-115
Miss. Code Ann. § 69-13-115
Status: in_force

Any person who wrongfully removes impounded livestock from the enclosure provided by the board of supervisors under this article, without paying all fees and assessments against same, shall be guilty of a misdemeanor and, upon conviction, shall be punished as in other cases provided.
Miss. Code Ann. § 69-1-5 — MS Code / Title 69 / Chapter 1 / Section 1-5
Miss. Code Ann. § 69-1-5
Status: in_force

The commissioner, before entering upon the duties of the office, must take and subscribe the oath of office prescribed by the constitution, and must enter into bond payable to the State of Mississippi, in the sum of five thousand dollars with a guaranty company, the expense of such bond being paid by the state. The bond must be approved by the Attorney-General and when approved shall, together with the oath of office, be filed in the office of the secretary of state.
Miss. Code Ann. § 69-55-7 — MS Code / Title 69 / Chapter 8 / Section 55-7
Miss. Code Ann. § 69-55-7
Status: in_force

(1)(a) There is created a special fund in the State Treasury, to be known as the “Poultry Farmer Stabilization Grant Program Fund,” from which the grants authorized under the Poultry Farmer Stabilization Grant Program shall be disbursed by the Department of Agriculture and Commerce;

(b) There is created a special fund in the State Treasury, to be known as the “Mississippi Supplemental CFAP Grant Program Fund,” from which the grants authorized under the Mississippi Supplemental CFAP Grant Program shall be disbursed by the Department of Agriculture and Commerce; and

(c) There is created a special fund in the State Treasury, to be known as the “Sweet Potato Farm Sustainment Grant Program Fund,” from which the grants authorized under the Sweet Potato Farm Sustainment Grant Program shall be disbursed by the Department of Agriculture and Commerce.

(2)(a) All monies shall be disbursed from the funds created in subsection (1) of this section in compliance with the guidelines, guidance, rules, regulations or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus Relief Fund established by the CARES Act. However, unexpended amounts of any monies unrelated to the Coronavirus Relief Fund, whether appropriated by the Legislature or donated by any public or private entity, remaining in the funds at the end of a fiscal year shall not lapse into the Budget Contingency Fund or the State General Fund, and any investment earnings or interest earned on amounts in the grant program funds shall be deposited to the credit of the respective grant program fund; and

(b) If on December 15, 2020, there are unexpended Coronavirus Relief Fund monies remaining in any fund created in this section, those funds shall be transferred by the State Fiscal Officer into the Unemployment Compensation Fund no later than December 30, 2020.

(3) The use of funds allocated under these programs shall be subject to audit by the United States Department of the Treasury's Office of Inspector General and the Mississippi Office of the State Auditor. Each person receiving funds under these programs found to be fully or partially noncompliant with the requirements in this chapter shall return to the state all or a portion of the funds received.
Miss. Code Ann. § 69-46-9 — MS Code / Title 69 / Chapter 9 / Section 46-9
Miss. Code Ann. § 69-46-9
Status: in_force

There is created in the State Treasury a special fund to be designated as the “2022 MS Land, Water and Timber Resources Fund,” which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts 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 amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used by the Mississippi Land, Water and Timber Resources Board, upon appropriation by the Legislature, for the purposes provided in Section 69-46-7 .
Miss. Code Ann. § 69-45-11 — MS Code / Title 69 / Chapter 2 / Section 45-11
Miss. Code Ann. § 69-45-11
Status: in_force

(1) Any person or business who participates in the Mississippi Agricultural Promotions Program shall register annually with the department on forms prescribed by the department. The department is authorized to charge an annual marketing assessment to defray costs and expenses associated with the program. The department serves to promote agriculture products in the state; thus, it assumes no legal liability by registering these persons or businesses.

(2)(a) The department may accept, budget, receive and expend funds from any source to implement, market and promote the program;

(b) The department may allow a federal, state or local governmental entity or a public, private, commercial or charitable entity to use, publish or advertise the entity's name on department property in its publications;

(c) Any funds received from this advertising shall be retained by the department and expended to market and promote the Mississippi Agricultural Promotions Program; and

(d) The department may accept, budget, receive and expend these funds in accordance with rules and regulations of the Department of Finance and Administration in the manner consistent with the escalation of federal funds.
Miss. Code Ann. § 69-27-305 — MS Code / Title 69 / Chapter 2 / Section 27-305
Miss. Code Ann. § 69-27-305
Status: in_force

The commission and districts are authorized to employ such professional and clerical assistance and obtain such supplies and equipment as needed to implement this program.
Miss. Code Ann. § 69-25-203 — MS Code / Title 69 / Chapter 3 / Section 25-203
Miss. Code Ann. § 69-25-203
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

(l) “ USDA ” means the United States Department of Agriculture.
Miss. Code Ann. § 69-27-11 — MS Code / Title 69 / Chapter 2 / Section 27-11
Miss. Code Ann. § 69-27-11
Status: in_force

The State Soil and Water Conservation Committee may employ an administrative officer and such technical experts and such other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. The committee may call upon the Attorney General of the state for such legal services as it may require, or may employ its own counsel and legal staff. It shall have authority to delegate to its chairman, to one or more of its members, or to one or more agents or employees such powers and duties as it may deem proper. The committee shall supply itself with suitable office accommodations at Mississippi State University of Agriculture and Applied Science or at Jackson, or at any place where the committee shall designate. Upon request of the committee, for the purpose of carrying out any of its functions, the supervising officer of any state agency or of any state institution of learning shall, insofar as may be possible under available appropriations, and having due regard for the needs of the agency to which the request is directed, assign or detail to the committee, members of the staff or personnel of such agency or institution of learning, the duty of making such special reports, surveys or studies as the committee may request.
Miss. Code Ann. § 69-26-7 — MS Code / Title 69 / Chapter 1 / Section 26-7
Miss. Code Ann. § 69-26-7
Status: in_force

As used in this Compact, with reference to this state, the term “ executive head ” shall mean the Governor.
Miss. Code Ann. § 69-37-29 — MS Code / Title 69 / Chapter 1 / Section 37-29
Miss. Code Ann. § 69-37-29
Status: in_force

The commissioner, with the concurrence of the corporation, is authorized to destroy, or cause to be treated with pesticides, volunteer or other noncommercial cotton and to establish procedures for the purchase and destruction of commercial cotton in eradication zones when the commissioner deems the action necessary to effectuate the purposes of this chapter. No payment shall be made by the commissioner to the owner or lessee for the destruction or injury of any cotton that was planted in an eradication zone after publication of notice as provided in this chapter, or was otherwise handled in violation of this chapter or the regulations adopted under this chapter. However, the commissioner shall pay for losses resulting from the destruction of cotton that was planted in those zones before promulgation of the notice. Payments for those losses shall be funded by assessment fees paid by cotton growers and administered by the corporation.
Miss. Code Ann. § 69-27-67 — MS Code / Title 69 / Chapter 9 / Section 27-67
Miss. Code Ann. § 69-27-67
Status: in_force

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

(2) This section is intended to be cumulative and not to repeal or limit or abridge any laws in this state which provide for assistance to soil conservation districts.
Miss. Code Ann. § 69-27-303 — MS Code / Title 69 / Chapter 9 / Section 27-303
Miss. Code Ann. § 69-27-303
Status: in_force

The commission shall serve as the administrator of the provisions of this article and shall serve as the disbursing agency for funds to be expended from and deposited to the credit of the Soil and Water Cost-Share Program.
Miss. Code Ann. § 69-39-7 — MS Code / Title 69 / Chapter 1 / Section 39-7
Miss. Code Ann. § 69-39-7
Status: in_force

(1) No agricultural liming material shall be sold or offered for sale in this state unless it complies with provisions of this chapter and regulations pertaining thereto.

(2) No agricultural liming material shall be sold or offered for sale in this state that contains toxic materials in quantities injurious to plants or animals.
Miss. Code Ann. § 69-7-661 — MS Code / Title 69 / Chapter 3 / Section 7-661
Miss. Code Ann. § 69-7-661
Status: in_force

On and after July 1, 1986, every catfish processor shall register with the Commissioner of Agriculture and Commerce. The commissioner shall promulgate such rules and regulations as he may deem necessary to secure the performance of catfish purchasing obligations, and whenever, after due notice and hearing, the commissioner finds any registrant is insolvent or has violated any provisions of this article he may issue an order suspending such registrant for a reasonable specified period. Such order of suspension shall take effect within not less than five (5) days, unless suspended or modified or set aside by the commissioner or a court of competent jurisdiction. If the commissioner finds any processor is insolvent, he may after notice and hearing issue an order requiring such processor to cease and desist from purchasing catfish while insolvent except under such conditions as the commissioner may prescribe to effectuate the purposes of this article. Provided, however, that (a) those processors whose average annual purchases do not exceed Fifty Thousand Dollars ($50,000.00), and (b) those processors who deliver to the producer or his duly authorized representative the full amount of the purchase price on the same day the catfish product is purchased and possession thereof is transferred, shall be exempt from the provisions of this section.
Miss. Code Ann. § 69-23-117 — MS Code / Title 69 / Chapter 8 / Section 23-117
Miss. Code Ann. § 69-23-117
Status: in_force

Commercial applicators shall maintain records with respect to the application of pesticides. Such relevant information as the commissioner may deem necessary and the length of time that these records shall be maintained may be specified by the commissioner, and upon request the licensee shall furnish a copy of such records.
Miss. Code Ann. § 69-39-17 — MS Code / Title 69 / Chapter 5 / Section 39-17
Miss. Code Ann. § 69-39-17
Status: in_force

(1) If upon official laboratory analysis, any agricultural liming material sold in this state is found to be below the labeled guarantee for calcium carbonate equivalent, neutralizing value, magnesium, available phosphorous, available potassium or above the labeled guarantee for moisture content or screening standards (fineness) as provided under terms of this chapter or regulations adopted hereunder, the commissioner shall impose a civil penalty as provided by regulation for the effective administration and enforcement of this chapter. Such civil penalty shall be assessed to the manufacturer/packer for packaged material and to the final seller holding a permit issued under terms of this chapter for material sold in bulk.

(2) When the commissioner determines that a person has violated terms of this chapter, other than subsection (1) of this section, depending upon the gravity of the offense, he shall assess a civil penalty in an amount not less than Two Hundred Dollars ($200.00) and not more than One Thousand Dollars ($1,000.00).

(3) All civil penalties assessed as provided herein shall be paid to the commissioner within thirty (30) days from the date of assessment. Penalties which are not paid in full within the prescribed thirty (30) days shall be considered delinquent and an additional penalty of ten percent (10%) of the balance due shall be added to the assessed penalty for each month such penalty continues to be delinquent.

(4) The commissioner is authorized to apply for and the court may 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 hereunder notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.

(5) Any person required by this chapter to obtain a permit from the commissioner before engaging in business, who shall engage in such business without having first obtained such license or shall engage in such business after such license shall have expired or shall have been revoked by the commissioner, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Three Hundred Dollars ($300.00) and not more than Five Hundred Dollars ($500.00). Each day in violation shall constitute a separate offense.

(6) Nothing in this chapter shall be construed as requiring the commissioner or his representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of this chapter when he believes that the public interests are best served by a suitable notice or warning in writing.
Miss. Code Ann. § 69-47-15 — MS Code / Title 69 / Chapter 9 / Section 47-15
Miss. Code Ann. § 69-47-15
Status: in_force

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

(2) These audits shall include, where appropriate:

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

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

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

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

(b) Trade secrets and commercial or financial information obtained from a person and privileged or confidential by statute or judicial decision.
Miss. Code Ann. § 69-15-317 — MS Code / Title 69 / Chapter 5 / Section 15-317
Miss. Code Ann. § 69-15-317
Status: in_force

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

This article may be known and cited as the Soil and Water Conservation District Law.
Miss. Code Ann. § 69-51-5 — MS Code / Title 69 / Chapter 3 / Section 51-5
Miss. Code Ann. § 69-51-5
Status: in_force

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

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

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

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

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

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

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

“ Cogeneration ” means the combined generation of:

(a) Electrical or mechanical power; and

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

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

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

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

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

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

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

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

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

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

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

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

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

(13) It is the intent of this legislation that corn, biomass and resource commodities shall be furnished totally by Mississippi farmers insofar as the supply is available.
Miss. Code Ann. § 69-2-27 — MS Code / Title 69 / Chapter 1 / Section 2-27
Miss. Code Ann. § 69-2-27
Status: in_force

Notice of the sale of any such bonds shall be published at least one time which shall be made not less than ten (10) days prior to the date of sale, and shall be so published in one or more newspapers having a general circulation in the City of Jackson selected by the State Bond Commission.
Miss. Code Ann. § 69-25-205 — MS Code / Title 69 / Chapter 8 / Section 25-205
Miss. Code Ann. § 69-25-205
Status: in_force

There shall be established in the State Treasury a special fund for the department to administer the State Plan. The fund shall consist of amounts received from appropriations, and any other proceeds from gifts, grants, federal funds, application fees, registration fees, and any other funds, both public and private, made available for the purposes of this chapter. The fund shall be administered by the department. Unexpended monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund.
Miss. Code Ann. § 69-27-11 — MS Code / Title 69 / Chapter 9 / Section 27-11
Miss. Code Ann. § 69-27-11
Status: in_force

The State Soil and Water Conservation Committee may employ an administrative officer and such technical experts and such other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. The committee may call upon the Attorney General of the state for such legal services as it may require, or may employ its own counsel and legal staff. It shall have authority to delegate to its chairman, to one or more of its members, or to one or more agents or employees such powers and duties as it may deem proper. The committee shall supply itself with suitable office accommodations at Mississippi State University of Agriculture and Applied Science or at Jackson, or at any place where the committee shall designate. Upon request of the committee, for the purpose of carrying out any of its functions, the supervising officer of any state agency or of any state institution of learning shall, insofar as may be possible under available appropriations, and having due regard for the needs of the agency to which the request is directed, assign or detail to the committee, members of the staff or personnel of such agency or institution of learning, the duty of making such special reports, surveys or studies as the committee may request.
Miss. Code Ann. § 69-13-337 — MS Code / Title 69 / Chapter 5 / Section 13-337
Miss. Code Ann. § 69-13-337
Status: in_force

If any person shall take up any horse, mare, mule, jack, cattle, sheep, goat or hog as an estray, contrary to the provisions of this article; or if any person, having taken up such animal, shall fail to send it to or notify the owner, if known, or to give information to the ranger as required, or shall fail to perform any duty required of him, or shall abuse such animal, or shall use the same in an unreasonable or improper manner, so that damage shall be done to the owner, or the value of the animal be impaired; or if any person shall take or send away an estray out of this state, or shall trade, sell, or barter the same; or if any taker up shall fail to deliver said estray to the ranger at the courthouse on the day of the sale of said estray, such person shall, for every such offense, be punished as for a misdemeanor, and, in addition thereto, shall be liable to the owner for the value of the animal; and the taker up shall forfeit all compensation for taking up and keeping such estray.
Miss. Code Ann. § 69-27-107 — MS Code / Title 69 / Chapter 8 / 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. § 69-28-11 — MS Code / Title 69 / Chapter 3 / Section 28-11
Miss. Code Ann. § 69-28-11
Status: in_force

An agricultural district may be comprised of ownerships residing in more than one (1) soil and water conservation district as long as the conditions of a contiguous boundary are satisfied. In such case, each soil and water conservation district shall have the responsibility to meet the requirements of this chapter within the county of its jurisdiction.
Miss. Code Ann. § 69-24-3 — MS Code / Title 69 / Chapter 8 / Section 24-3
Miss. Code Ann. § 69-24-3
Status: in_force

This chapter shall be administered by the commissioner of agriculture and commerce of the State of Mississippi, hereinafter referred to as the commissioner, and the State Chemist of Mississippi, as specified in the following sections.
Miss. Code Ann. § 69-2-9 — MS Code / Title 69 / Chapter 1 / Section 2-9
Miss. Code Ann. § 69-2-9
Status: in_force

For the purposes of Sections 69-2-7 through 69-2-41 , the following words shall have the meanings ascribed in this section unless the context otherwise requires:

(a) “Department” means the Mississippi Department of Economic and Community Development.

(b) “Emerging crop” means any new, nontraditional plant or animal crop (as designated by a board consisting of the executive directors of the department, the Mississippi Cooperative Extension Service and the Mississippi Agricultural and Forestry Experiment Station) or as specified in Section 69-2-11 which has a development time from beginning of production to harvest or initial sale of the product of not more than five (5) years.

(c) “Farmer” means a resident of Mississippi who engages in or wishes to engage in the commercial production of an emerging crop on land in Mississippi. This term shall include individuals, partnerships and corporations.

(d) “Fund” means the Emerging Crops Fund established in Section 69-2-13 .

(e) “Interest loan” means a loan made from the fund to pay the interest on a loan made by a lender to a farmer to finance the nonland capital costs of establishing production of an emerging crop.

(f) “Lender” means a commercial bank, savings bank, savings and loan association, federal land bank, farm credit bank, production credit association or other farm credit agency which is domiciled or qualified to do business in Mississippi, or the Farmers Home Administration.

(g) “Agribusiness” means any agricultural, aquacultural, horticultural, industrial, manufacturing, research and development or processing enterprise or enterprises.
Miss. Code Ann. § 69-27-209.nr2 — MS Code / Title 69 / Chapter 9 / Section 27-209.nr2
Miss. Code Ann. § 69-27-209.nr2
Status: in_force

The board of supervisors of a county as designated in Section 69-27-201 may, on the recommendation of the soil erosion committee, or shall, if so required by the election hereinafter provided for, advertise for bids as in other cases and purchase the proper terracing and/or ditching machinery for the county and provide the necessary labor for the operation thereof, and the necessary supplies and maintenance to properly operate the same, subject, however, to the approval of the soil erosion committee herein otherwise provided. In event the board of supervisors shall fail or refuse to advertise for bids for the purchase of any machinery recommended by said soil erosion committee within sixty (60) days after receipt of such recommendation, it shall, on the filing with it of a petition signed by ten percent (10%) or more of the qualified electors of the county, call and hold as in other cases a special election in said county within sixty (60) days after the filing of the petition, in which election the question shall be, for or against the purchase of terracing and/or ditching machinery for the county; and if a majority of the votes cast in said election be in favor of the purchase of such machinery, then said board shall, at its next meeting, advertise for bids for the purchase thereof, and thereafter further perform the duties required of it hereunder with respect to soil erosion work. Such advertisement for bids shall constitute notice to the public of the intention of the board to make such purchase and the board may proceed accordingly unless on or before the first day of the meeting at which said bids are to be opened a petition, signed by twenty percent (20%) or more of the qualified electors of the county, shall be filed with the clerk of the board protesting against such purchase, in which event such purchase shall not be made unless approved in an election called and held for the purpose in the manner provided for the calling and holding of elections on the question of the issuance of tax anticipation note or notes. Said board shall have full supervision of all soil erosion work, the machinery, labor, supplies, contracts, and the funds arising from work performed, from taxation, if any, or otherwise, except to the extent herein otherwise specifically provided; and in administering the soil erosion fund the board shall take into consideration the repairs and replacements incident to the operation of the character of machinery in use in order that the work may continue without undue interruption as long as may be necessary. All acts and proceedings of the board with respect to soil erosion work and the funds thereof shall be by order upon its minutes, as in other cases. Contracts for terracing and/or ditching shall be performed as nearly as possible in the order of their dates, any deviation therefrom by reason of necessity, public convenience, causes beyond the control of the committee, or agreement with the landowners, to be under the direction of the soil erosion committee. Only one (1) committee shall be appointed in said county.
Miss. Code Ann. § 69-48-1 — MS Code / Title 69 / Chapter 9 / Section 48-1
Miss. Code Ann. § 69-48-1
Status: in_force

The purpose of this chapter is to promote the growth and development of the peanut 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 Peanut Promotion Board.

(b) “ Department ” means the Mississippi Department of Agriculture and Commerce.
Miss. Code Ann. § 69-7-655 — MS Code / Title 69 / Chapter 1 / Section 7-655
Miss. Code Ann. § 69-7-655
Status: in_force

The Legislature finds that a burden on and an obstruction to intrastate commerce in the catfish farming industry is caused when payment is not made for the catfish and that such arrangements are contrary to the public interest. This article is intended to remedy such burden on and obstruction to intrastate commerce in catfish and to protect the public interest.
Miss. Code Ann. § 69-13-211 — MS Code / Title 69 / Chapter 1 / 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. § 69-5-107 — MS Code / Title 69 / Chapter 1 / Section 5-107
Miss. Code Ann. § 69-5-107
Status: in_force

Dairy shows shall be held, in addition to the livestock shows, each fall at Pontotoc in Pontotoc County, at Newton in Newton County, Tylertown in Walthall County, and at Purvis in Lamar County, and each summer at the Neshoba County Fair in Neshoba County, and any person in the state is entitled to participate in any of the dairy shows. The dairy shows shall be supervised and handled in the same manner as provided for livestock shows in Section 69-5-105 , and each of the five (5) dairy shows herein provided for shall receive such part of the monies appropriated for the Mississippi Livestock Show as shall be specified in the act making such appropriation.
Miss. Code Ann. § 69-25-217 — MS Code / Title 69 / Chapter 8 / Section 25-217
Miss. Code Ann. § 69-25-217
Status: in_force

(1) It shall be unlawful for any person or business entity to:

(a) Violate this chapter or any rules or regulations promulgated under this chapter;

(b) Fail to comply with a corrective action plan issued by the commissioner under Section 69-25-213(2) ;

(c) Transport hemp or hemp materials in violation of Section 69-25-209 or rules or regulations adopted under this chapter; or

(d) Cultivate or grow hemp with a delta-9-tetrahydrocannabinol (THC) concentration of more than three-tenths percent (0.3%) on a dry weight basis.

(2) Any person or business entity that purposely, knowingly or recklessly violates this provision of this chapter relating to hemp production or processing shall be guilty of a misdemeanor and, upon conviction of the violation, shall be fined in an amount not to exceed Five Thousand Dollars ($5,000.00), or sentenced to imprisonment in the county jail for not more than one (1) year, or both such fine and imprisonment.

(3) Notwithstanding subsection (2) of this section, if any person or entity purposely, recklessly or knowingly cultivates or grows hemp with a delta-9-tetrahydrocannabinol (THC) concentration of more than one percent (1%) on a dry weight basis that person or entity shall be guilty of a felony punishable by imprisonment for not more than five (5) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both such fine and imprisonment.

(4) For purposes of this section, the terms “purposely”, “knowingly” and “recklessly” have the following meanings:

(a) “ Purposefully ” means a person acts purposely with respect to a material element of an offense if:

(i) The element involves the nature of his or her conduct or a result thereof, it is his or her conscious object to engage in conduct of that nature or to cause such a result; and

(ii) The element involves the attendant circumstances, he or she is aware of the existence of such circumstances or he or she believes or hopes that they exist.

(b) “ Knowingly ” means a person acts knowingly with respect to a material element of an offense if:

(i) The element involves the nature of his or her conduct or the attendant circumstances, he or she is aware that his or her conduct is of that nature or that such circumstances exist; and

(ii) The element involves a result of his or her conduct, he or she is aware that it is practically certain that his or her conduct will cause such a result.

(c) “ Recklessly ” means a person acts recklessly with respect to a material element of an offense when he or she consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his or her conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him or her, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.
Miss. Code Ann. § 69-31-5 — MS Code / Title 69 / Chapter 3 / Section 31-5
Miss. Code Ann. § 69-31-5
Status: in_force

The department shall inspect or cause to be inspected at least annually every moisture-measuring device used in commerce in this state, except those belonging to the United States or the state, or any subdivision of either, except as may be requested. The department may inspect or cause to be inspected at the convenience of the department any moisture-measuring device upon a request in writing from the owner.
Miss. Code Ann. § 69-21-121 — MS Code / Title 69 / Chapter 5 / Section 21-121
Miss. Code Ann. § 69-21-121
Status: in_force

Any person found by the department to have violated any of the provisions of this article, any rule, regulation or written order of the department or any condition or limitation of a license issued by the department shall be subject to disciplinary action. Disciplinary matters shall be conducted as administrative proceedings under Sections 69-25-51 through 69-25-63 . Any person found guilty of a violation shall be subject to the administrative or civil penalties as provided by Section 69-25-51 .
Miss. Code Ann. § 69-13-319 — MS Code / Title 69 / Chapter 2 / 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. § 69-35-29 — MS Code / Title 69 / Chapter 3 / Section 35-29
Miss. Code Ann. § 69-35-29
Status: in_force

In the event such referendum is carried in the affirmative and the assessment is levied and collected as provided herein and under the regulations to be promulgated by the state ADA, any bulk tank unit upon and against whom such assessments shall have been levied and collected under the provisions of this act, if a bulk tank unit is dissatisfied with said assessment and the result thereof, such unit shall have the right to demand that the treasurer of the state ADA refund such assessment so collected from such bulk tank unit, provided such demand for refund is made in writing within thirty (30) days from the date on which said assessment is collected or due to be collected, whichever is earlier, from such bulk tank unit under the rules and regulations of the state ADA. Pursuant to the Dairy Promotion Stabilization Act of 1983, 7 U.S.C. Section 4510 et seq., any such funds shall be transferred to the National Dairy Board by the treasurer of the state ADA.
Miss. Code Ann. § 69-47-11 — MS Code / Title 69 / Chapter 8 / Section 47-11
Miss. Code Ann. § 69-47-11
Status: in_force

If a certified farm, field or greenhouse unit is removed from organic management, it may be recertified after passage of three (3) years without the application of a prohibited pesticide and two (2) years without the application of a prohibited fertilizer or other prohibited material.
Miss. Code Ann. § 69-15-107 — MS Code / Title 69 / Chapter 5 / Section 15-107
Miss. Code Ann. § 69-15-107
Status: in_force

(1) In addition to other authority vested in the Board of Animal Health, it shall have the following powers and duties:

(a) To quarantine all herds of cattle where reactors are disclosed or found by private tests, auction barn sale tests, market cattle testing of slaughter cattle and dairy herds that are suspicious to the brucellosis ring test (milk).

(b) Owners of herds so quarantined in counties carrying out brucellosis eradication programs either in cooperation with the board of supervisors or Animal Health Division, Agricultural Research Services, USDA, shall have a maximum of sixty (60) days from date of quarantine issuance in which to have the quarantined portion of their herd officially tested for brucellosis. The herd owner shall be responsible for making herd test arrangements, using at his option either the federal veterinarian assigned to his area or any private practitioner licensed to test cattle in the herd owner's county under the area plan. It shall be the herd owner's responsibility to assemble, confine, and hold the quarantined cattle at a time and place agreed upon by himself and his selected veterinarian for the purpose of identifying and testing those animals required to be tested under the uniform methods and rules for establishing and maintaining modified certified brucellosis areas adopted by the United States Livestock Sanitary Association and approved by the Animal Health Division, Agricultural Research Services, USDA. These uniform methods and rules shall be followed explicitly in carrying out all official area brucellosis testing work, and owners of quarantined herds shall be responsible for retesting of quarantined portions of their herds within time limits prescribed by these rules. Within these time limits, quarantined herd owners shall enjoy the same options for veterinarian selection and time and test location as outlined above for the original test.

(c) Owners of quarantined herds who fail to take action in having their herd officially tested for brucellosis within sixty (60) days of quarantine issuance shall upon notice from the State Veterinarian assemble or have assembled these quarantined cattle at a place and time designated in order that the brucellosis test may be applied. Assistance shall be given by such owners in confining these cattle in order that the test may be administered properly, and the same cattle shall be returned for checking, tagging and branding of reactors at a time and place designated by the inspector or veterinarian in charge. It shall be the duty of the sheriff in any county in which the work of brucellosis testing is in progress to render to agents of the Board of Animal Health every assistance in enforcing the laws and regulations of said board. 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.

(d) All cattle which have reacted to the brucellosis test shall be tagged and branded and removed from the herd of cattle and shall be permitted to market for slaughter within a period of fifteen (15) days after the date of tagging and branding. When funds are available from the state or federal government, indemnities will be paid to the owner of reactors when properly appraised and disposed of.

(e) As stated in paragraph (b), current uniform methods and rules for establishing and maintaining modified certified brucellosis areas adopted by the United States Livestock Sanitary Association and approved by the Animal Health Division, Agricultural Research Services, USDA, shall be followed.

(2) Any person, firm or corporation failing to comply with any of the provisions of this section or interfering with any duly appointed officer of the Board of Animal Health 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 provisions of Sections 69-15-53 through 69-15-69 .
Miss. Code Ann. § 69-23-25 — MS Code / Title 69 / Chapter 3 / 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. § 69-29-1 — MS Code / Title 69 / Chapter 2 / 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. § 69-15-9 — MS Code / Title 69 / Chapter 3 / Section 15-9
Miss. Code Ann. § 69-15-9
Status: in_force

(1)(a) The Board of Animal Health shall have plenary power to deal with all contagious and infectious diseases of animals as in the opinion of the board may be prevented, controlled or eradicated, and with full power to make, promulgate and enforce such rules and regulations as in the judgment of the board may be necessary to control, eradicate and prevent the introduction and spread of anthrax, tuberculosis, 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, hog cholera, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, chronic wasting disease and any suspected new and/or foreign diseases of livestock and poultry and all other diseases of animals in this state, and the board is hereby vested with full authority to establish and maintain quarantine lines and to quarantine by county, supervisors district, parcel of land or herd. The State Veterinarian shall appoint as many inspectors and range riders as may be deemed necessary, and the funds at his disposal will permit, and shall delegate authority to said inspectors and range riders, to enter premises to inspect and disinfect livestock and premises, and enforce quarantine including counties, farms, pens, stables and other premises.

(b) No veterinarian may provide veterinary services for the control, eradication or prevention of diseases in animals at a stockyard, livestock auction, equine sale or other place or event of livestock trading unless he has first been approved by the board for this purpose. The board shall have the authority to adopt rules and regulations as may be necessary or desirable to carry out the purposes of this paragraph.

(2) No officer or agent of the State Veterinarian may enter the actual enclosures of any person except with the consent of the person lawfully in possession thereof or in the absence of such consent, with a proper writ obtained as in other cases of searches and seizures under constitutional law. When such officers and agents are lawfully on the premises, either by permission or writ, they shall be authorized to inspect the premises and the livestock and animals found thereon by entering the enclosures and buildings and they are authorized to check livestock and poultry found therein for any contagious diseases and take proper action to control or eradicate any such diseases that may be found. While such officers and agents are performing their duties hereunder, they shall not be personally liable except for gross negligence. The refusal without lawful reason of any person to give the consent aforesaid shall be deemed a misdemeanor and shall be punishable as for violations of Article 5 of this chapter as provided for in Section 69-15-115 .

The Board of Animal Health shall administer the special fund created in Section 69-15-19 .

(3)(a) The Board of Animal Health shall have plenary power to control, prevent, eradicate, inspect and monitor chronic wasting disease or other contagious disease of exotic cervids or other exotic livestock. It shall be the duty of the board to develop an inspection, testing and monitoring program for such diseases.

(b) An officer or agent of the State Veterinarian is authorized to enter any facility containing cervids or other exotic livestock to inspect the premises and the cervids or exotic livestock. Such officer or agent may inspect, monitor or test any cervid or exotic livestock for disease and may take proper action to control or eradicate any diseases found. While such officers or agents are performing their duties, they shall not be personally liable, except for gross negligence.

(c) As a condition of maintaining a permit for a cervid or other exotic livestock facility, it shall be the duty of the permittee to allow the agents of the State Veterinarian to enter the facility and to conduct inspections and tests.

(4) As a condition of maintaining a permit for a cervid or other exotic livestock facility, the permittee shall immediately notify the State Veterinarian upon discovery of the escape of a cervid or exotic livestock. Any such animal shall be treated as an escaped wild animal and may be disposed of accordingly.
Miss. Code Ann. § 69-27-207 — MS Code / Title 69 / Chapter 8 / Section 27-207
Miss. Code Ann. § 69-27-207
Status: in_force

All contracts entered into hereunder between a county designated in Section 69-27-201 and an owner of land therein for the terracing and/or ditching thereof shall be in such legal form as may be approved by the attorney for the board of supervisors, and each such contract, before becoming effective, shall contain a legal description of the land, shall be signed in his own behalf by the owner of the land, and if the property contained in such description be a part of the homestead of such owner, by the husband or wife, as the case may be, before at least two witnesses, and properly proved for recording, or acknowledged before some officer authorized to accept acknowledgments, shall be approved in writing by the secretary of the soil erosion committee, and shall be accepted by the board of supervisors, by order upon its minutes setting forth the date of the contract and the name of the landowner. Any number of such contracts may be accepted in one order, but no such contract shall be accepted unless all taxes theretofore becoming due and payable on the land therein described have been paid. Upon the acceptance of such contract or contracts, the clerk of the board of supervisors, acting in his official capacity as chancery clerk, shall note upon the lis pendens record the name of such landowner, together with a description of the land contained in such contract, which listing shall be notice to any subsequent purchaser or incumbrancer. Any subsequent transaction concerning such land shall be by reason of such listing and such notice subject to any and all assessments which may thereafter be made by virtue of such contract. All such contracts so accepted shall remain binding upon the signers thereof unless cancelled by an order of the board of supervisors, either of its own motion or by mutual agreement with the then owner of the land. The county shall not be liable for damages or otherwise because of its cancellation of any such contract, or its failure to perform the same; and the owner of the land shall not be required to make any payment under such contract unless and until the work to be done thereunder has been completed. The amount to be paid by the owner of the land for the work to be done under any such contract may at his option be paid in one payment on or before the 1st day of February following the completion thereof, or in not more than four equal annual payments, the first payment to be due on the first day of February following completion of the work, and one on the first day of February in each year thereafter until all are paid, with six per cent (6%) interest from the maturity date of the first payment; but such option shall be exercised in advance, and the terms of payment stated in the contract. All payments under such contracts shall be made to the tax collector of the county, for the benefit of a soil erosion fund or funds, to be collected, accounted for, paid in, and commissions charged thereon by the tax collector, as in case of other taxes collected for the county, except that sales of land for default in such payments shall be as herein provided.
Miss. Code Ann. § 69-15-9 — MS Code / Title 69 / Chapter 2 / Section 15-9
Miss. Code Ann. § 69-15-9
Status: in_force

(1)(a) The Board of Animal Health shall have plenary power to deal with all contagious and infectious diseases of animals as in the opinion of the board may be prevented, controlled or eradicated, and with full power to make, promulgate and enforce such rules and regulations as in the judgment of the board may be necessary to control, eradicate and prevent the introduction and spread of anthrax, tuberculosis, 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, hog cholera, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, chronic wasting disease and any suspected new and/or foreign diseases of livestock and poultry and all other diseases of animals in this state, and the board is hereby vested with full authority to establish and maintain quarantine lines and to quarantine by county, supervisors district, parcel of land or herd. The State Veterinarian shall appoint as many inspectors and range riders as may be deemed necessary, and the funds at his disposal will permit, and shall delegate authority to said inspectors and range riders, to enter premises to inspect and disinfect livestock and premises, and enforce quarantine including counties, farms, pens, stables and other premises.

(b) No veterinarian may provide veterinary services for the control, eradication or prevention of diseases in animals at a stockyard, livestock auction, equine sale or other place or event of livestock trading unless he has first been approved by the board for this purpose. The board shall have the authority to adopt rules and regulations as may be necessary or desirable to carry out the purposes of this paragraph.

(2) No officer or agent of the State Veterinarian may enter the actual enclosures of any person except with the consent of the person lawfully in possession thereof or in the absence of such consent, with a proper writ obtained as in other cases of searches and seizures under constitutional law. When such officers and agents are lawfully on the premises, either by permission or writ, they shall be authorized to inspect the premises and the livestock and animals found thereon by entering the enclosures and buildings and they are authorized to check livestock and poultry found therein for any contagious diseases and take proper action to control or eradicate any such diseases that may be found. While such officers and agents are performing their duties hereunder, they shall not be personally liable except for gross negligence. The refusal without lawful reason of any person to give the consent aforesaid shall be deemed a misdemeanor and shall be punishable as for violations of Article 5 of this chapter as provided for in Section 69-15-115 .

The Board of Animal Health shall administer the special fund created in Section 69-15-19 .

(3)(a) The Board of Animal Health shall have plenary power to control, prevent, eradicate, inspect and monitor chronic wasting disease or other contagious disease of exotic cervids or other exotic livestock. It shall be the duty of the board to develop an inspection, testing and monitoring program for such diseases.

(b) An officer or agent of the State Veterinarian is authorized to enter any facility containing cervids or other exotic livestock to inspect the premises and the cervids or exotic livestock. Such officer or agent may inspect, monitor or test any cervid or exotic livestock for disease and may take proper action to control or eradicate any diseases found. While such officers or agents are performing their duties, they shall not be personally liable, except for gross negligence.

(c) As a condition of maintaining a permit for a cervid or other exotic livestock facility, it shall be the duty of the permittee to allow the agents of the State Veterinarian to enter the facility and to conduct inspections and tests.

(4) As a condition of maintaining a permit for a cervid or other exotic livestock facility, the permittee shall immediately notify the State Veterinarian upon discovery of the escape of a cervid or exotic livestock. Any such animal shall be treated as an escaped wild animal and may be disposed of accordingly.
Miss. Code Ann. § 69-13-315 — MS Code / Title 69 / Chapter 10 / 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. § 69-23-133 — MS Code / Title 69 / Chapter 10 / Section 23-133
Miss. Code Ann. § 69-23-133
Status: in_force

The commissioner shall appoint an advisory committee, and by regulation establish the composition of the committee to include representatives from the agriculture, agribusiness and related industries.

The purpose of the committee shall be to advise and assist the commissioner in developing regulations and plans for implementing the provisions of Sections 69-23-101 through 69-23-135 and a pesticide regulatory program to meet the requirements of FIFRA.
Miss. Code Ann. § 69-27-207 — MS Code / Title 69 / Chapter 9 / Section 27-207
Miss. Code Ann. § 69-27-207
Status: in_force

All contracts entered into hereunder between a county designated in Section 69-27-201 and an owner of land therein for the terracing and/or ditching thereof shall be in such legal form as may be approved by the attorney for the board of supervisors, and each such contract, before becoming effective, shall contain a legal description of the land, shall be signed in his own behalf by the owner of the land, and if the property contained in such description be a part of the homestead of such owner, by the husband or wife, as the case may be, before at least two witnesses, and properly proved for recording, or acknowledged before some officer authorized to accept acknowledgments, shall be approved in writing by the secretary of the soil erosion committee, and shall be accepted by the board of supervisors, by order upon its minutes setting forth the date of the contract and the name of the landowner. Any number of such contracts may be accepted in one order, but no such contract shall be accepted unless all taxes theretofore becoming due and payable on the land therein described have been paid. Upon the acceptance of such contract or contracts, the clerk of the board of supervisors, acting in his official capacity as chancery clerk, shall note upon the lis pendens record the name of such landowner, together with a description of the land contained in such contract, which listing shall be notice to any subsequent purchaser or incumbrancer. Any subsequent transaction concerning such land shall be by reason of such listing and such notice subject to any and all assessments which may thereafter be made by virtue of such contract. All such contracts so accepted shall remain binding upon the signers thereof unless cancelled by an order of the board of supervisors, either of its own motion or by mutual agreement with the then owner of the land. The county shall not be liable for damages or otherwise because of its cancellation of any such contract, or its failure to perform the same; and the owner of the land shall not be required to make any payment under such contract unless and until the work to be done thereunder has been completed. The amount to be paid by the owner of the land for the work to be done under any such contract may at his option be paid in one payment on or before the 1st day of February following the completion thereof, or in not more than four equal annual payments, the first payment to be due on the first day of February following completion of the work, and one on the first day of February in each year thereafter until all are paid, with six per cent (6%) interest from the maturity date of the first payment; but such option shall be exercised in advance, and the terms of payment stated in the contract. All payments under such contracts shall be made to the tax collector of the county, for the benefit of a soil erosion fund or funds, to be collected, accounted for, paid in, and commissions charged thereon by the tax collector, as in case of other taxes collected for the county, except that sales of land for default in such payments shall be as herein provided.
Miss. Code Ann. § 69-1-1 — MS Code / Title 69 / Chapter 1 / Section 1-1
Miss. Code Ann. § 69-1-1
Status: in_force

(1) A Department of Agriculture and Commerce is created and established under the management and control of a public officer to be known as the Commissioner of Agriculture and Commerce, who shall have competent knowledge of agriculture, mining, manufacturing, statistics and general industries, must be an experienced and practical agriculturist; must be a resident of the state for five (5) years immediately preceding the day of election; and shall be elected by the people at the time and in the manner that other state officers are elected.

(2) The residency requirements specified under this section shall apply to elections held from and after January 1, 2020.
Miss. Code Ann. § 69-42-1 — MS Code / Title 69 / Chapter 3 / Section 42-1
Miss. Code Ann. § 69-42-1
Status: in_force

(1) For the purposes of this section, the following words shall have the meanings ascribed in this section unless the context otherwise requires:

(a) “ Agribusiness ” means any agricultural, aquacultural, horticultural, manufacturing, research and development or processing enterprise or enterprises.

(b) “ Farmer ” means a resident of Mississippi who engages or wishes to engage in the commercial production of crops on land in Mississippi. The term shall include individuals, partnerships and corporations.

(2) The Mississippi Development Authority shall develop and implement a program to stimulate growth in the agricultural industry for agribusiness concerns and farmers.

(3) The program developed and implemented by the Mississippi Development Authority under this section shall:

(a) Increase the availability of financial assistance available to agribusiness concerns and farmers;

(b) Provide incentives for agribusiness concerns and farmers which will encourage growth in the Mississippi agricultural industry;

(c) Assist new agribusiness concerns and farmers in developing and implementing business plans;

(d) Develop methods for increasing markets for the goods and services of agribusiness concerns and farmers;

(e) Work with public and private entities in disseminating information about public and private programs that benefit agribusiness concerns and farmers; and

(f) Identify sources of financial assistance available to agribusiness concerns and farmers and assist agribusiness concerns and farmers with the preparation of applications for assistance from public and private sources.
Miss. Code Ann. § 69-25-3 — MS Code / Title 69 / Chapter 2 / Section 25-3
Miss. Code Ann. § 69-25-3
Status: in_force

The State Plant Board is abolished and its duties are transferred to the Commissioner of Agriculture and Commerce, and it shall henceforth be known as the Bureau of Plant Industry.

There is created an Advisory Board to the Bureau of Plant Industry, composed of the following: the State Chemist; the head of the Entomology and Plant Pathology Department, Mississippi State University of Agriculture and Applied Science; the head of the Plant and Soil Science Department, Mississippi State University of Agriculture and Applied Science; Alcorn State University Director of Agriculture and Applied Sciences; and, for a period of two (2) years, the following: one (1) soil conservation district commissioner appointed by the commissioner; two (2) residents of Mississippi who engage in the production of any crop, appointed by the commissioner; one (1) resident of the State of Mississippi who is a commercial applicator holding a license issued under the rules and regulations of the Bureau of Plant Industry, appointed by the commissioner; one (1) resident of the State of Mississippi who is a restricted use pesticide registrant or an employee of such person, appointed by the commissioner; one (1) resident of the State of Mississippi who is either a wholesale or retail horticulturist, appointed by the commissioner, and one (1) resident of the State of Mississippi who is a licensed landscape contractor, appointed by the commissioner, who shall serve with no compensation and whose duties are to advise the commissioner on all matters regarding the Bureau of Plant Industry. The commissioner shall meet annually with the advisory board and the Director of the Bureau of Plant Industry. It is the intent and purpose of this section to maintain the domicile of this division of the Department of Agriculture and Commerce at Mississippi State University of Agriculture and Applied Science, Mississippi State, Mississippi.
Miss. Code Ann. § 69-27-211 — MS Code / Title 69 / Chapter 9 / Section 27-211
Miss. Code Ann. § 69-27-211
Status: in_force

The soil erosion committee shall not, except as herein otherwise provided, make recommendation to the board for the purchase of the first machinery for said county, or part of the county, unless it has contracts in the form herein required, signed by the landowners, duly witnessed, and approved by the secretary of the committee, covering at least seventy-five hundred acres of land, which, however, shall justify the purchase of as many as three outfits of machinery; and thereafter the subsequent contracts made in said county, or part of the county, shall be allocated to the first machinery purchased therefor, until the whole amount reaches a total of not less than four thousand acres to each outfit. Should the committee thereafter obtain or have additional like contracts in said county, or part of the county, covering another four thousand acres or more, the same shall warrant the purchase of additional machinery by recommendation or election as herein provided; and this shall furnish the guide for all further purchases in said county or part of the county. In exceptional cases, where the board finds as a fact that the amount of work to be done upon the land is much greater than in ordinary cases, the board of supervisors may, with the unanimous consent of the soil erosion committee, reduce the amount of contract acreage necessary for the purchase of one outfit of machinery to not less than two thousand acres, and the amount of contract acreage to be allocated to one outfit of machinery to not less than three thousand acres, and the committee may then recommend purchases of machinery when those conditions are complied with, provided that not less than two outfits are owned or to be purchased by said county or part of the county under this article.
Miss. Code Ann. § 69-25-35 — MS Code / Title 69 / Chapter 9 / Section 25-35
Miss. Code Ann. § 69-25-35
Status: in_force

For the purpose of carrying out the provisions and requirements of this article, and of the rules and regulations made, and notices given, pursuant thereto, the Commissioner of Agriculture and Commerce and his inspectors and employees shall have power to enter in or upon any place, and to open any bundle, package or other container containing or thought to contain plants or plant products.
Miss. Code Ann. § 69-25-21 — MS Code / Title 69 / Chapter 5 / Section 25-21
Miss. Code Ann. § 69-25-21
Status: in_force

Any person in this state who receives from without the state any plant or plant product, or other thing or substance as to which the requirements of section next before the last above have not been complied with, or who receives any plant or plant product, or other thing or substance, sold, given away, carried, shipped, or delivered for carriage or shipment within this state as to which the requirements of next foregoing section have not been complied with, shall immediately inform the Commissioner of Agriculture and Commerce or an inspector thereof and isolate and hold the plant or plant product or other thing or substance unopened or unused subject to such inspection and other disposition as may be provided for by the commissioner.
Miss. Code Ann. § 69-45-11 — MS Code / Title 69 / Chapter 5 / Section 45-11
Miss. Code Ann. § 69-45-11
Status: in_force

(1) Any person or business who participates in the Mississippi Agricultural Promotions Program shall register annually with the department on forms prescribed by the department. The department is authorized to charge an annual marketing assessment to defray costs and expenses associated with the program. The department serves to promote agriculture products in the state; thus, it assumes no legal liability by registering these persons or businesses.

(2)(a) The department may accept, budget, receive and expend funds from any source to implement, market and promote the program;

(b) The department may allow a federal, state or local governmental entity or a public, private, commercial or charitable entity to use, publish or advertise the entity's name on department property in its publications;

(c) Any funds received from this advertising shall be retained by the department and expended to market and promote the Mississippi Agricultural Promotions Program; and

(d) The department may accept, budget, receive and expend these funds in accordance with rules and regulations of the Department of Finance and Administration in the manner consistent with the escalation of federal funds.
Miss. Code Ann. § 69-23-101 — MS Code / Title 69 / Chapter 10 / Section 23-101
Miss. Code Ann. § 69-23-101
Status: in_force

Sections 69-23-101 through 69-23-135 may be known as the “Mississippi Pesticide Application Law of 1975.”
Miss. Code Ann. § 69-27-343 — MS Code / Title 69 / Chapter 5 / 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. § 69-7-265 — MS Code / Title 69 / Chapter 3 / Section 7-265
Miss. Code Ann. § 69-7-265
Status: in_force

Every dealer or handler shall keep a complete and accurate record of all eggs handled by him. Such records shall be in such form and contain such other information as the board shall, by rule or regulation, prescribe. The records shall be preserved by said dealers or handlers for a period of one (1) year and shall be offered for inspection at any time upon oral or written demand by the board, the Commissioner of Agriculture and Commerce, or any duly authorized agent or representative of either.

Every dealer or handler, at such time or times as the board or the Commissioner of Agriculture and Commerce may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed under this article.
Miss. Code Ann. § 69-15-11 — MS Code / Title 69 / Chapter 1 / Section 15-11
Miss. Code Ann. § 69-15-11
Status: in_force

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

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

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

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

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

(5) Information and records pertaining to all animal diseases within the state will be kept confidential except for those reports concerning diseases that are specifically regulated for mandatory control and eradication, or when release of such information is deemed necessary by the State Veterinarian to protect the public health, other livestock or wildlife.
Miss. Code Ann. § 69-13-19 — MS Code / Title 69 / Chapter 3 / Section 13-19
Miss. Code Ann. § 69-13-19
Status: in_force

Every owner of livestock referred to in Section 69-13-1 shall be liable for damages for all injuries and trespasses committed by such animals by breaking and entering into or upon the lands, grounds, or premises of another person; and the person injured shall have a lien upon the animal, or animals, trespassing for all such damage. The damages for such trespass shall not be less than ten dollars ($10.00) for each horse, cow or hog, and five dollars ($5.00) for each of the other kinds of stock; and for every succeeding offense, after the owner has been notified of the first trespass or injury, double damages shall be recovered with costs. For breaking or entering into a pasture or waste ground, however, double damage shall not be recoverable, and the damages in such cases may be assessed as low as eight dollars ($8.00) for each horse, cow or hog and two dollars ($2.00) for each of the other kinds of livestock.
Miss. Code Ann. § 69-35-3 — MS Code / Title 69 / Chapter 9 / Section 35-3
Miss. Code Ann. § 69-35-3
Status: in_force

(1) It is hereby declared and the Legislature hereby finds that:

(a) Dairy products are basic foods that are a valuable part of the human diet;

(b) The production of dairy products plays a significant role in the state's economy, the milk from which dairy products are manufactured is produced by milk producers and dairy products are consumed by thousands of people throughout the state and the United States;

(c) Dairy products must be readily available and marketed efficiently to ensure that the people of the state receive adequate nourishment;

(d) The maintenance and expansion of existing markets for dairy products are vital to the welfare of milk producers and those concerned with marketing, using and producing dairy products, as well as to the general economy of the state;

(e) Dairy products move in intrastate, interstate and foreign commerce;

(f) The Ninety-eighth Congress of the United States enacted the Dairy Production Stabilization Act of 1983 and established the National Dairy Board ( 7 U.S.C. 4501 et seq. ) authorizing the establishment of orderly procedures for financing promotional and educational programs for milk and dairy products through a mandatory Fifteen Cents (15¢) per hundredweight assessment on all milk produced in the United States for commercial use, and the carrying out of a coordinated program of promotion designed to strengthen the dairy industry's position in the marketplace, and authorizing such orderly procedures to permit a milk producer or a producer's cooperative to establish that the producer is participating in active, ongoing qualified state or regional dairy product promotion or nutrition education programs intended to increase consumption of milk and dairy products generally, to receive credit in determining the assessment due from such producer for contributions to such state programs in an amount not in excess of Ten Cents (10¢) per hundredweight of milk marketed; and

(g) The American Dairy Association of Mississippi has been designated by the Secretary of Agriculture of the United States Department of Agriculture as a qualified promotional organization pursuant to the terms of the Dairy Production Stabilization Act of 1983 ( 7 U.S.C. Section 4501 et seq. ).

(2) It, therefore, is declared to be the policy of the Legislature that it is in the public interest to authorize the establishment, through the exercise of the powers provided in this act, of an orderly procedure for financing (through assessments on all milk produced in the state for commercial use) and carrying out a coordinated program of promotion designed to strengthen the dairy industry's position in the marketplace and to maintain and expand domestic and foreign markets and uses for fluid milk and dairy products produced in the state and the United States. All funds obtained by the state ADA as a result of the passage of this act shall be exclusively utilized to promote the dairy industry within the State of Mississippi, and its contiguous states. Nothing in this act may be construed to provide for the control of production or otherwise limit the right of individual milk producers to produce milk.
Miss. Code Ann. § 69-13-101 — MS Code / Title 69 / Chapter 10 / Section 13-101
Miss. Code Ann. § 69-13-101
Status: in_force

It shall be and is hereby declared unlawful for any livestock to roam at large on the federal or state designated paved highways or highway rights-of-way of the State of Mississippi, except, however, that in those counties that have heretofore voted to come out from under the statewide stock law this shall only apply to U.S. designated highways, Mississippi Highway 55, and all paved Mississippi highways where said highways traverse more than one (1) county and connect directly with another paved highway in another state being extensively traveled by citizens of other states, and the rights-of-way thereof; and except also that this section shall not apply to any such highway or highway right-of-way or any type of highway or road located on any levee maintained by the Board of Mississippi Levee Commissioners or the board of levee commissioners for the Yazoo-Mississippi Delta through maintenance contracts calling for or permitting pasturage of livestock on levee rights-of-way.
Miss. Code Ann. § 69-27-1 — MS Code / Title 69 / Chapter 9 / Section 27-1
Miss. Code Ann. § 69-27-1
Status: in_force

This article may be known and cited as the Soil and Water Conservation District Law.
Miss. Code Ann. § 69-44-9 — MS Code / Title 69 / Chapter 5 / Section 44-9
Miss. Code Ann. § 69-44-9
Status: in_force

(1) The board shall plan and conduct a program of research, education and advertising designed to promote the corn industry in Mississippi. The board is authorized to use the funds derived from the assessment imposed herein for these purposes, including basic administration expenses of the plan. Use of these funds may be applied, as prescribed in this section, within or without the State of Mississippi, including regional, national and international research and promotional applications.

(2)(a) The Mississippi Legislature finds and declares that the factors which affect the ability of Mississippi corn farmers to market their crop are established by national and international forces in the world market. The Legislature further finds and declares that the expenditure of funds by the board for the purpose of influencing the development and implementation of national and international policy affecting the marketing of corn produced by Mississippi farmers is the expenditure of funds for a public purpose.

(b) The board may expend a portion of the funds received and administered by the board for the purpose of influencing the development and implementation of national and international policy affecting the marketing of corn produced by Mississippi farmers.

(c) The amount of funds expended by the board in each fiscal year for the purposes authorized in this subsection shall not exceed fifteen percent (15%) of the budget of the board for that fiscal year.

(d) The board shall not expend any funds for the purpose of influencing any political activity.

(3) A report of all income and expenditures shall be made annually on December 31, with four (4) copies of the report to be filed and presented during the regular sessions of the Mississippi Legislature with each of the following: the Chairman of the House of Representatives Agriculture Committee, the Chairman of the Senate Agriculture Committee, the Mississippi Department of Agriculture and Commerce and the State Auditor.

(4) If the board fails to make an annual report in violation of the provisions of subsection (3) of this section, the board shall be subject to a fine of not more than Five Hundred Dollars ($500.00).
Miss. Code Ann. § 69-27-303 — MS Code / Title 69 / Chapter 1 / Section 27-303
Miss. Code Ann. § 69-27-303
Status: in_force

The commission shall serve as the administrator of the provisions of this article and shall serve as the disbursing agency for funds to be expended from and deposited to the credit of the Soil and Water Cost-Share Program.
Miss. Code Ann. § 69-7-253 — MS Code / Title 69 / Chapter 3 / Section 7-253
Miss. Code Ann. § 69-7-253
Status: in_force

There is hereby continued the Mississippi Egg Marketing Board with domicile at the capital city of the state. The board shall be composed of five (5) members: one (1) member shall be the Commissioner of Agriculture and Commerce as ex officio member. One (1) member shall be an egg producer as defined in this article. Three (3) members shall be employed by or associated with egg industry related businesses, or disciplines which include poultry support, marketing, promotion, home economist, extension poultry science agencies and the Mississippi Department of Agriculture and Commerce. No more than one (1) industry-related business or discipline member shall be employed by, associated with or have a financial interest in the same company or subsidiary.

The Governor shall appoint the members from a list provided by the board based upon a poll of its members. The terms shall be for six (6) years. Each member shall serve, after the completion of his term, until his successor is appointed and duly qualified. Each vacancy shall be filled by appointment for the unexpired term.

The terms of office of persons appointed under the original act shall continue until the expiration of the terms to which they were appointed, the intent of this article being to continue the Mississippi Egg Marketing Board.
Miss. Code Ann. § 69-13-17 — MS Code / Title 69 / Chapter 9 / Section 13-17
Miss. Code Ann. § 69-13-17
Status: in_force

Any such livestock as referred to in Section 69-13-1 may be taken up and confined by any person upon whose land such animal, or animals, may have entered or may be found, such person not having consented for the animal, or animals, to run at large on such land, and when so taken up shall be dealt with as estrays. For taking up any animal the person so taking the animal up shall be allowed ten dollars ($10.00) per head for each animal so taken up, but in no case shall he be entitled to receive more than fifty dollars ($50.00) for stock taken up at any one time. He may also receive reasonable compensation for feeding and caring for such animals while keeping them.
Miss. Code Ann. § 69-21-125 — MS Code / Title 69 / Chapter 8 / Section 21-125
Miss. Code Ann. § 69-21-125
Status: in_force

(1) Violation of this article, the rules and regulations adopted by the department, a condition included in a license issued by the department or an order issued by the department shall be a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or by both fine and imprisonment.

(2) The department shall have the authority to file in any court of competent jurisdiction injunctive proceedings against any person violating the provisions of this article or the rules and regulations promulgated by the department for the administration and enforcement of this article.
Miss. Code Ann. § 69-3-19 — MS Code / Title 69 / Chapter 2 / Section 3-19
Miss. Code Ann. § 69-3-19
Status: in_force

(1) It shall be the duty of the Commissioner of Agriculture and Commerce, acting either directly or through his duly authorized agents:

(a) To sample, inspect, make analyses of and test agricultural, vegetable, flower, tree and shrub seeds, and transgenic seeds, transported, held in storage, sold, offered for sale or exposed for sale, or distributed within this state for seeding purposes, at such time and place, and to the extent as he may deem necessary to determine whether the seeds are in compliance with this article, and to notify promptly the person who transported, distributed, possessed, sold, offered or exposed the seed for sale, of any violation. Such test results shall be sufficient to be used by the Mississippi Department of Transportation to determine whether or not seed so tested meets the requirements of the Department of Transportation as set out in its contract specifications. No further testing shall be required unless the Department of Transportation determines that more than nine (9) months has elapsed, exclusive of the calendar month in which the test was completed, between the germination test data and the time of planting, or if by visual inspection the Department of Transportation determines that the seed was improperly stored or handled prior to planting.

(b) To prescribe and adopt reasonable rules and regulations governing the methods of sampling, inspecting, making analysis tests and examinations of agricultural, vegetable, flower and tree and shrub seeds, including standards, and the tolerances to be followed in the administration of this article, and any other reasonable rules and regulations as may be necessary to secure efficient enforcement of this article.

(c) To adopt and publish prohibited and restricted noxious weed seed lists.

(d) To publish list of kinds of seeds known and recognized to contain firm seeds.

(2) For the purpose of carrying out this article, the commissioner individually or through his designated agents is authorized:

(a) To enter upon any public or private premises where agricultural, vegetable, flower, or tree and shrub seeds are sold, offered or exposed for sale or distribution, during regular business hours in order to have access to seeds or records subject to this article and the rules and regulations, and to take samples of seed or copies of records in conformity therewith; and

(b) To establish, maintain and support a state seed testing laboratory with such facilities and personnel as may be deemed necessary. The laboratory shall be located at Mississippi State University of Agriculture and Applied Science. Such seed laboratory and equipment shall be in cooperation with Mississippi State University of Agriculture and Applied Science and under the supervision of the Director of the Bureau of Plant Industry, who shall be the state seed analyst; and

(c) To provide that any person, firm or corporation in this state shall have the privilege of submitting service seed samples for test to the state seed testing laboratory, subject to the charges as specified in the rules and regulations. Any person receiving a statement for seed analysis which is not paid in ninety (90) days will be in violation of this article. Any resident farmer may have one (1) sample of each kind tested free in any calendar year. A signed request by a farmer or individual must accompany the sample when it is sent in by a dealer; otherwise, the sample will be recorded and charges for analysis will be made to the dealer. Official seed samples drawn by inspectors in the enforcement of this article shall have first priority for testing in the state seed testing laboratory. The state seed analyst shall not be obligated to analyze uncleaned, unprocessed, and other time-consuming samples which obviously do not meet seed law requirements, except as time and facilities will permit; and

(d) To publish, in his discretion, the results of analyses, tests, examinations, field trials and investigations of any seed sampled under this article, together with any information he may deem advisable; and

(e) To issue and enforce a written or printed “stop sale” or “seizure” order to the owner or custodian of any lot of agricultural, vegetable, flower, or tree and shrub seeds which the commissioner or his authorized agent finds is in violation of this article or the rules and regulations, which shall prohibit further sale or movement of such seed until the officer has evidence that the law has been complied with and a written release has been issued to the owner or custodian of the seed; and

(f) To issue and enforce a “stop sale” or “seizure” order with respect to a particular variety of agricultural, vegetable, flower or tree and shrub seeds if the producer or distributor of such variety is found to have violated this article or the rules and regulations with respect to the particular variety, which shall remain in effect until the producer or distributor is in compliance with the law and has taken any action required by the commissioner to correct the effect of the violation in the marketplace; and

(g) To cooperate with the United States Department of Agriculture in seed law enforcement.
Miss. Code Ann. § 69-25-217 — MS Code / Title 69 / Chapter 2 / Section 25-217
Miss. Code Ann. § 69-25-217
Status: in_force

(1) It shall be unlawful for any person or business entity to:

(a) Violate this chapter or any rules or regulations promulgated under this chapter;

(b) Fail to comply with a corrective action plan issued by the commissioner under Section 69-25-213(2) ;

(c) Transport hemp or hemp materials in violation of Section 69-25-209 or rules or regulations adopted under this chapter; or

(d) Cultivate or grow hemp with a delta-9-tetrahydrocannabinol (THC) concentration of more than three-tenths percent (0.3%) on a dry weight basis.

(2) Any person or business entity that purposely, knowingly or recklessly violates this provision of this chapter relating to hemp production or processing shall be guilty of a misdemeanor and, upon conviction of the violation, shall be fined in an amount not to exceed Five Thousand Dollars ($5,000.00), or sentenced to imprisonment in the county jail for not more than one (1) year, or both such fine and imprisonment.

(3) Notwithstanding subsection (2) of this section, if any person or entity purposely, recklessly or knowingly cultivates or grows hemp with a delta-9-tetrahydrocannabinol (THC) concentration of more than one percent (1%) on a dry weight basis that person or entity shall be guilty of a felony punishable by imprisonment for not more than five (5) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both such fine and imprisonment.

(4) For purposes of this section, the terms “purposely”, “knowingly” and “recklessly” have the following meanings:

(a) “ Purposefully ” means a person acts purposely with respect to a material element of an offense if:

(i) The element involves the nature of his or her conduct or a result thereof, it is his or her conscious object to engage in conduct of that nature or to cause such a result; and

(ii) The element involves the attendant circumstances, he or she is aware of the existence of such circumstances or he or she believes or hopes that they exist.

(b) “ Knowingly ” means a person acts knowingly with respect to a material element of an offense if:

(i) The element involves the nature of his or her conduct or the attendant circumstances, he or she is aware that his or her conduct is of that nature or that such circumstances exist; and

(ii) The element involves a result of his or her conduct, he or she is aware that it is practically certain that his or her conduct will cause such a result.

(c) “ Recklessly ” means a person acts recklessly with respect to a material element of an offense when he or she consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his or her conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him or her, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.
Miss. Code Ann. § 69-51-3 — MS Code / Title 69 / Chapter 3 / Section 51-3
Miss. Code Ann. § 69-51-3
Status: in_force

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

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

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

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

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

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

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

(e) “ Wet alcohol ” means agriculturally derived fermentation ethyl alcohol having a purity of at least fifty percent (50%) but less than ninety-nine percent (99%).
Miss. Code Ann. § 69-2-17 — MS Code / Title 69 / Chapter 1 / Section 2-17
Miss. Code Ann. § 69-2-17
Status: in_force

(1) Repayment of the interest loan from the fund shall be deferred for a period of time not more than five (5) years or the time when the emerging crop should reach maturity. The schedule for repayment of the interest loan shall be a period of time equal to two (2) times the period that interest is paid on the loan for that emerging crop from the fund. No interest shall be charged on interest loans from the fund, and only the amount actually loaned from the fund shall be required to be repaid.

(2) Repayment of interest loans from the fund shall be made to the lender, which shall remit the amounts collected to the department for deposit into the fund. However, if the repayment period for an interest loan exceeds the time for repayment of the principal loan amount to the lender, when the final principal payment is made to the lender all subsequent interest loan payments shall be made by the farmer, directly to the department to be deposited into the fund.

(3) The lender shall notify the department, as soon as possible, of any change in the principal loan status, release of collateral or any other matter that may adversely affect the security of the state's loan.
Miss. Code Ann. § 69-44-11 — MS Code / Title 69 / Chapter 2 / Section 44-11
Miss. Code Ann. § 69-44-11
Status: in_force

The State Tax Commission shall provide any information necessary to assist the department in collecting the assessments provided for in this chapter.
Miss. Code Ann. § 69-7-701 — MS Code / Title 69 / Chapter 3 / Section 7-701
Miss. Code Ann. § 69-7-701
Status: in_force

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

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

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

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

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

(a) The name and address of the processor;

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

(c) The date the catfish is weighed;

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

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

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

(4) Deductions for trash fish, turtles and other foreign materials shall be determined by a separate electronic weighing of the same with a printed ticket provided to the producer.
Miss. Code Ann. § 69-27-355 — MS Code / Title 69 / Chapter 9 / Section 27-355
Miss. Code Ann. § 69-27-355
Status: in_force

All bonds shall be executed on behalf of the state by the manual or facsimile signature of the Chairman of the State Bond Commission and shall be countersigned by the manual or facsimile signature of the Secretary of the State Bond Commission. All coupons shall be executed on behalf of the state by the facsimile signatures of the Chairman and Secretary of the State Bond Commission. If the officers whose signatures or countersignatures appear on the bonds or interest coupons shall cease to be such officers before delivery of the bonds, such signatures or countersignatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until such delivery, or had been in office on the date such bonds may bear.
Miss. Code Ann. § 69-51-5 — MS Code / Title 69 / Chapter 9 / Section 51-5
Miss. Code Ann. § 69-51-5
Status: in_force

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

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

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

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

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

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

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

“ Cogeneration ” means the combined generation of:

(a) Electrical or mechanical power; and

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

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

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

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

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

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

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

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

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

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

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

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

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

(13) It is the intent of this legislation that corn, biomass and resource commodities shall be furnished totally by Mississippi farmers insofar as the supply is available.
Miss. Code Ann. § 69-17-101 — MS Code / Title 69 / Chapter 9 / Section 17-101
Miss. Code Ann. § 69-17-101
Status: in_force

Every person, except a bona fide merchant, who owns or possesses an instrument designed to project a tranquilizer or drug by means of compressed gas, explosion, or by mechanical means, into livestock for the purpose of rendering the animal docile, by whatever name known, shall register same within thirty days with the commissioner of public safety on forms to be provided by him. Any person hereafter coming into possession of or owning such instrument shall immediately register same with the commissioner of public safety. The commissioner shall make forms available to the general public at all Mississippi Highway Safety Patrol substations.
Miss. Code Ann. § 69-15-103 — MS Code / Title 69 / Chapter 3 / Section 15-103
Miss. Code Ann. § 69-15-103
Status: in_force

(1) All pens, stalls, barns, or other places where livestock are placed or held for exhibits or shows at all fairs within the state shall be sprayed with an approved insecticide before any animals are placed therein, and immediately after removal of such animals, all such pens, stalls, barns, or other places where such animals have been confined shall be sprayed with an approved disinfectant. Such spraying shall be done under the direction or supervision of the board of animal health. It shall be the duty of the fair managers to see that the provisions hereof are complied with.

(2) All community sale barns within the state where any kind of livestock is sold, shall be sprayed with an approved insecticide before any animals are placed therein and immediately after removal of such animals. Such spraying shall be done at the expense of the owners of said sale barns, and done under directions of the board of animal health. Failure by the owners of said sale barns to comply with the provisions hereof shall be punished by a fine imposed upon them of not less than twenty-five dollars ($25.00), nor more than fifty dollars ($50.00).
Miss. Code Ann. § 69-23-115 — MS Code / Title 69 / Chapter 2 / Section 23-115
Miss. Code Ann. § 69-23-115
Status: in_force

It is unlawful for a person to:

(a) Make false or fraudulent claims through any media misrepresenting the effect of materials or methods to be used;

(b) Conduct pest control operations in a faulty, careless or negligent manner or to operate faulty or unsafe pest control equipment;

(c) Fail to comply with the provisions of Sections 69-23-101 through 69-23-135 , or the regulations adopted hereunder;

(d) Fail to keep and maintain records required by Sections 69-23-101 through 69-23-135 or to make reports when required;

(e) Make false or fraudulent records, invoices or reports;

(f) Use fraud or misrepresentation in making application for a license or renewal for a license;

(g) Aid or abet any person in evading the provisions of Sections 69-23-101 through 69-23-135 , or allow one's license to be used by another person;

(h) Impersonate any state or federal official;

(i) Commit a violation under FIFRA;

(j) Use any restricted use pesticide in a manner which is inconsistent with its labeling; or

(k) Commit any other act or omission specified in the regulations adopted under Sections 69-23-101 through 69-23-135 .
Miss. Code Ann. § 69-13-313 — MS Code / Title 69 / Chapter 10 / Section 13-313
Miss. Code Ann. § 69-13-313
Status: in_force

If the estray shall not be claimed and proved within the time allowed and before actual sale, the same shall be sold by the ranger at the courthouse door, for cash, after giving three weeks' notice of the time and place of sale by an advertisement put up in one of the most public places in each supervisor's district, one of which shall be at the courthouse door; and the sale may be made on the first Monday of any month, and between the hours of twelve and four o'clock of the day of the sale; and estray horses, mules, jacks, jennets, and colts over two years old, and work-oxen shall be delivered at the courthouse on the day of sale. All other estrays may be delivered on the premises of the taker up.
Miss. Code Ann. § 69-27-333 — MS Code / Title 69 / Chapter 2 / Section 27-333
Miss. Code Ann. § 69-27-333
Status: in_force

The Soil and Water Conservation Commission shall retain title to each piece of heavy or specialized machinery or equipment so purchased and made available to any soil and water conservation district until such time as the district fully amortizes the commission's investment in such machinery or equipment. After the commission's investment in such machinery or equipment has been fully amortized, it is authorized and empowered to transfer the title thereto to the district.
Miss. Code Ann. § 69-33-9 — MS Code / Title 69 / Chapter 2 / 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. § 69-39-1 — MS Code / Title 69 / Chapter 8 / 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. § 69-15-9 — MS Code / Title 69 / Chapter 9 / Section 15-9
Miss. Code Ann. § 69-15-9
Status: in_force

(1)(a) The Board of Animal Health shall have plenary power to deal with all contagious and infectious diseases of animals as in the opinion of the board may be prevented, controlled or eradicated, and with full power to make, promulgate and enforce such rules and regulations as in the judgment of the board may be necessary to control, eradicate and prevent the introduction and spread of anthrax, tuberculosis, 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, hog cholera, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, chronic wasting disease and any suspected new and/or foreign diseases of livestock and poultry and all other diseases of animals in this state, and the board is hereby vested with full authority to establish and maintain quarantine lines and to quarantine by county, supervisors district, parcel of land or herd. The State Veterinarian shall appoint as many inspectors and range riders as may be deemed necessary, and the funds at his disposal will permit, and shall delegate authority to said inspectors and range riders, to enter premises to inspect and disinfect livestock and premises, and enforce quarantine including counties, farms, pens, stables and other premises.

(b) No veterinarian may provide veterinary services for the control, eradication or prevention of diseases in animals at a stockyard, livestock auction, equine sale or other place or event of livestock trading unless he has first been approved by the board for this purpose. The board shall have the authority to adopt rules and regulations as may be necessary or desirable to carry out the purposes of this paragraph.

(2) No officer or agent of the State Veterinarian may enter the actual enclosures of any person except with the consent of the person lawfully in possession thereof or in the absence of such consent, with a proper writ obtained as in other cases of searches and seizures under constitutional law. When such officers and agents are lawfully on the premises, either by permission or writ, they shall be authorized to inspect the premises and the livestock and animals found thereon by entering the enclosures and buildings and they are authorized to check livestock and poultry found therein for any contagious diseases and take proper action to control or eradicate any such diseases that may be found. While such officers and agents are performing their duties hereunder, they shall not be personally liable except for gross negligence. The refusal without lawful reason of any person to give the consent aforesaid shall be deemed a misdemeanor and shall be punishable as for violations of Article 5 of this chapter as provided for in Section 69-15-115 .

The Board of Animal Health shall administer the special fund created in Section 69-15-19 .

(3)(a) The Board of Animal Health shall have plenary power to control, prevent, eradicate, inspect and monitor chronic wasting disease or other contagious disease of exotic cervids or other exotic livestock. It shall be the duty of the board to develop an inspection, testing and monitoring program for such diseases.

(b) An officer or agent of the State Veterinarian is authorized to enter any facility containing cervids or other exotic livestock to inspect the premises and the cervids or exotic livestock. Such officer or agent may inspect, monitor or test any cervid or exotic livestock for disease and may take proper action to control or eradicate any diseases found. While such officers or agents are performing their duties, they shall not be personally liable, except for gross negligence.

(c) As a condition of maintaining a permit for a cervid or other exotic livestock facility, it shall be the duty of the permittee to allow the agents of the State Veterinarian to enter the facility and to conduct inspections and tests.

(4) As a condition of maintaining a permit for a cervid or other exotic livestock facility, the permittee shall immediately notify the State Veterinarian upon discovery of the escape of a cervid or exotic livestock. Any such animal shall be treated as an escaped wild animal and may be disposed of accordingly.
Miss. Code Ann. § 69-8-1 — MS Code / Title 69 / Chapter 2 / Section 8-1
Miss. Code Ann. § 69-8-1
Status: in_force

The purpose of this chapter shall be to promote the growth and development of the cattle industry in Mississippi through research, advertisement, promotions, education and market development in the absence of any federal programs.
Miss. Code Ann. § 69-3-19 — MS Code / Title 69 / Chapter 1 / Section 3-19
Miss. Code Ann. § 69-3-19
Status: in_force

(1) It shall be the duty of the Commissioner of Agriculture and Commerce, acting either directly or through his duly authorized agents:

(a) To sample, inspect, make analyses of and test agricultural, vegetable, flower, tree and shrub seeds, and transgenic seeds, transported, held in storage, sold, offered for sale or exposed for sale, or distributed within this state for seeding purposes, at such time and place, and to the extent as he may deem necessary to determine whether the seeds are in compliance with this article, and to notify promptly the person who transported, distributed, possessed, sold, offered or exposed the seed for sale, of any violation. Such test results shall be sufficient to be used by the Mississippi Department of Transportation to determine whether or not seed so tested meets the requirements of the Department of Transportation as set out in its contract specifications. No further testing shall be required unless the Department of Transportation determines that more than nine (9) months has elapsed, exclusive of the calendar month in which the test was completed, between the germination test data and the time of planting, or if by visual inspection the Department of Transportation determines that the seed was improperly stored or handled prior to planting.

(b) To prescribe and adopt reasonable rules and regulations governing the methods of sampling, inspecting, making analysis tests and examinations of agricultural, vegetable, flower and tree and shrub seeds, including standards, and the tolerances to be followed in the administration of this article, and any other reasonable rules and regulations as may be necessary to secure efficient enforcement of this article.

(c) To adopt and publish prohibited and restricted noxious weed seed lists.

(d) To publish list of kinds of seeds known and recognized to contain firm seeds.

(2) For the purpose of carrying out this article, the commissioner individually or through his designated agents is authorized:

(a) To enter upon any public or private premises where agricultural, vegetable, flower, or tree and shrub seeds are sold, offered or exposed for sale or distribution, during regular business hours in order to have access to seeds or records subject to this article and the rules and regulations, and to take samples of seed or copies of records in conformity therewith; and

(b) To establish, maintain and support a state seed testing laboratory with such facilities and personnel as may be deemed necessary. The laboratory shall be located at Mississippi State University of Agriculture and Applied Science. Such seed laboratory and equipment shall be in cooperation with Mississippi State University of Agriculture and Applied Science and under the supervision of the Director of the Bureau of Plant Industry, who shall be the state seed analyst; and

(c) To provide that any person, firm or corporation in this state shall have the privilege of submitting service seed samples for test to the state seed testing laboratory, subject to the charges as specified in the rules and regulations. Any person receiving a statement for seed analysis which is not paid in ninety (90) days will be in violation of this article. Any resident farmer may have one (1) sample of each kind tested free in any calendar year. A signed request by a farmer or individual must accompany the sample when it is sent in by a dealer; otherwise, the sample will be recorded and charges for analysis will be made to the dealer. Official seed samples drawn by inspectors in the enforcement of this article shall have first priority for testing in the state seed testing laboratory. The state seed analyst shall not be obligated to analyze uncleaned, unprocessed, and other time-consuming samples which obviously do not meet seed law requirements, except as time and facilities will permit; and

(d) To publish, in his discretion, the results of analyses, tests, examinations, field trials and investigations of any seed sampled under this article, together with any information he may deem advisable; and

(e) To issue and enforce a written or printed “stop sale” or “seizure” order to the owner or custodian of any lot of agricultural, vegetable, flower, or tree and shrub seeds which the commissioner or his authorized agent finds is in violation of this article or the rules and regulations, which shall prohibit further sale or movement of such seed until the officer has evidence that the law has been complied with and a written release has been issued to the owner or custodian of the seed; and

(f) To issue and enforce a “stop sale” or “seizure” order with respect to a particular variety of agricultural, vegetable, flower or tree and shrub seeds if the producer or distributor of such variety is found to have violated this article or the rules and regulations with respect to the particular variety, which shall remain in effect until the producer or distributor is in compliance with the law and has taken any action required by the commissioner to correct the effect of the violation in the marketplace; and

(g) To cooperate with the United States Department of Agriculture in seed law enforcement.
Miss. Code Ann. § 69-27-29 — MS Code / Title 69 / Chapter 3 / Section 27-29
Miss. Code Ann. § 69-27-29
Status: in_force

All cities, towns, villages or other urban or suburban areas lying within the boundaries of a soil and water conservation district established pursuant to the provisions of the state soil and water conservation district law, as amended, with the approval of the governing authorities of said cities, towns or villages, shall be included in and deemed a part of the district.
Miss. Code Ann. § 69-13-301 — MS Code / Title 69 / Chapter 8 / Section 13-301
Miss. Code Ann. § 69-13-301
Status: in_force

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

The purpose of this chapter is to eradicate and prevent the spread of contagious and infectious diseases of swine in the State of Mississippi through preventative methods based upon recommendations of leading veterinary medical authorities and animal disease research scientists to the effect that raw garbage keeps causative virus alive and the feeding of such garbage causes the spread of several contagious, infectious and deadly diseases of swine. Chief among these is hog cholera which is known to be spread among swine through the feeding of raw garbage. Trichinella infection in human population, foot and mouth disease, swine erysipelas, African swine fever, tuberculosis, brucellosis and other human and animal diseases have been associated with the feeding of garbage to swine. Since the production of swine is of great economic importance not only to the farmers of Mississippi but to the general economy of the state, it is deemed for the best interest and advancement of the agricultural economy and the general welfare of the State of Mississippi to prohibit the commercial feeding of garbage to swine from and after July 1, 1972.
Miss. Code Ann. § 69-15-7 — MS Code / Title 69 / Chapter 2 / 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. § 69-27-55 — MS Code / Title 69 / Chapter 5 / Section 27-55
Miss. Code Ann. § 69-27-55
Status: in_force

Any twenty-five (25) owners of land lying within the limits of a portion of a soil and water conservation district organized under the provisions of this article may petition the State Soil and Water Conservation Committee asking that the described area be withdrawn from the present district, or that the district be dissolved, and consolidated with another district or segment of another district, and that the area withdraw or the composite area be designated as an individual soil and water conservation district, with all the powers and responsibilities designated to soil and water conservation districts by law. Such petition shall set forth:

(a) The proposed name of such district.

(b) That there is a need for adjustment of boundaries or reorganization of territory, to provide for a separate soil and water conservation district to function in the territory described in the petition, in the interest of public health, safety, and welfare.

(c) A description of the territory proposed to be included in the adjusted boundaries, or the territory to be withdrawn from an existing district, and the total territory to be included in the new district.

(d) A request that the State Soil and Water Conservation Committee duly define the boundaries for such district; that one or more public hearings be held to determine the feasibility and propriety of such changes; and that the committee determine that such adjustments be made or such district created.

Where more than one petition is filed covering parts of the same territory, the State Soil and Water Conservation Committee may consolidate all or any such petitions.
Miss. Code Ann. § 69-11-1 — MS Code / Title 69 / Chapter 9 / Section 11-1
Miss. Code Ann. § 69-11-1
Status: in_force

The purpose of this chapter is to eradicate and prevent the spread of contagious and infectious diseases of swine in the State of Mississippi through preventative methods based upon recommendations of leading veterinary medical authorities and animal disease research scientists to the effect that raw garbage keeps causative virus alive and the feeding of such garbage causes the spread of several contagious, infectious and deadly diseases of swine. Chief among these is hog cholera which is known to be spread among swine through the feeding of raw garbage. Trichinella infection in human population, foot and mouth disease, swine erysipelas, African swine fever, tuberculosis, brucellosis and other human and animal diseases have been associated with the feeding of garbage to swine. Since the production of swine is of great economic importance not only to the farmers of Mississippi but to the general economy of the state, it is deemed for the best interest and advancement of the agricultural economy and the general welfare of the State of Mississippi to prohibit the commercial feeding of garbage to swine from and after July 1, 1972.
Miss. Code Ann. § 69-39-17 — MS Code / Title 69 / Chapter 1 / Section 39-17
Miss. Code Ann. § 69-39-17
Status: in_force

(1) If upon official laboratory analysis, any agricultural liming material sold in this state is found to be below the labeled guarantee for calcium carbonate equivalent, neutralizing value, magnesium, available phosphorous, available potassium or above the labeled guarantee for moisture content or screening standards (fineness) as provided under terms of this chapter or regulations adopted hereunder, the commissioner shall impose a civil penalty as provided by regulation for the effective administration and enforcement of this chapter. Such civil penalty shall be assessed to the manufacturer/packer for packaged material and to the final seller holding a permit issued under terms of this chapter for material sold in bulk.

(2) When the commissioner determines that a person has violated terms of this chapter, other than subsection (1) of this section, depending upon the gravity of the offense, he shall assess a civil penalty in an amount not less than Two Hundred Dollars ($200.00) and not more than One Thousand Dollars ($1,000.00).

(3) All civil penalties assessed as provided herein shall be paid to the commissioner within thirty (30) days from the date of assessment. Penalties which are not paid in full within the prescribed thirty (30) days shall be considered delinquent and an additional penalty of ten percent (10%) of the balance due shall be added to the assessed penalty for each month such penalty continues to be delinquent.

(4) The commissioner is authorized to apply for and the court may 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 hereunder notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.

(5) Any person required by this chapter to obtain a permit from the commissioner before engaging in business, who shall engage in such business without having first obtained such license or shall engage in such business after such license shall have expired or shall have been revoked by the commissioner, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Three Hundred Dollars ($300.00) and not more than Five Hundred Dollars ($500.00). Each day in violation shall constitute a separate offense.

(6) Nothing in this chapter shall be construed as requiring the commissioner or his representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of this chapter when he believes that the public interests are best served by a suitable notice or warning in writing.
Miss. Code Ann. § 69-25-215 — MS Code / Title 69 / Chapter 8 / Section 25-215
Miss. Code Ann. § 69-25-215
Status: in_force

If a hemp grower violates the State Plan, including growing hemp containing a delta-9-tetrahydrocannabinol (THC) concentration that exceeds three-tenths percent (0.3%) on a dry mass basis or a tolerance range as specified by USDA, with a culpable mental state greater than negligence as determined by the department, the commissioner shall immediately report the violation and the hemp grower to the United States Attorney General, the Mississippi Attorney General and the Mississippi Public Safety Commissioner. Such violations shall also be referred to the Mississippi Bureau of Narcotics for investigation. The Bureau of Narcotics may detain, seize and/or destroy the crop and may initiate a criminal case for any violation of this article or the Mississippi Uniform Controlled Substances Law. The Mississippi Attorney General shall, in person or by his or her designee, prosecute all criminal actions related to violations arising under this chapter relating to hemp, on behalf of the State. Violations of the State Plan that involve culpability greater than negligence must be reported to the United States Attorney General and the Mississippi Attorney General. The provisions of Section 69-25-213 shall not apply to nonnegligent violations.
Miss. Code Ann. § 69-29-117 — MS Code / Title 69 / Chapter 8 / Section 29-117
Miss. Code Ann. § 69-29-117
Status: in_force

It shall be unlawful for:

(a) Any person to use any brand or mark for branding cattle or other livestock unless the brand or mark is registered with the Department of Agriculture and Commerce;

(b) Any person to obliterate, alter or deface the brand or mark of any animals;

(c) Any livestock market to receive and sell livestock unless records of such sale are kept in accordance with the requirements of this article;

(d) Any livestock market to fail to keep a copy of the register of brands and marks furnished to them by the department in a place easily accessible to interested parties;

(e) Any livestock hide dealer to fail or refuse to keep records required by subsection (c) of Section 69-29-113 .
Miss. Code Ann. § 69-7-267 — MS Code / Title 69 / Chapter 2 / Section 7-267
Miss. Code Ann. § 69-7-267
Status: in_force

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

Application for reinstatement of a revoked license may be made upon expiration of the period of revocation or if permanently revoked, then after twelve (12) months from date of said revocation. Each reinstatement application shall be accompanied by a reinstatement fee of Fifty Dollars ($50.00). All licenses shall be valid until suspended or revoked as herein provided or until cancelled by the licensee. Licenses shall not be transferable. Proceeds from the license fees collected under this article shall be transmitted to the State Treasurer for credit to the special fund as provided for elsewhere in this article.
Miss. Code Ann. § 69-3-105 — MS Code / Title 69 / Chapter 2 / Section 3-105
Miss. Code Ann. § 69-3-105
Status: in_force

Neither the state seed board, Mississippi State University of Agriculture and Applied Science, nor any of its divisions so represented shall be financially responsible for debts incurred by, damages inflicted by, or contracts broken by the official state seed certifying agency.
Miss. Code Ann. § 69-23-1 — MS Code / Title 69 / Chapter 2 / 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. § 69-27-357 — MS Code / Title 69 / Chapter 9 / Section 27-357
Miss. Code Ann. § 69-27-357
Status: in_force

Upon the issuance and sale of such bonds, the State Bond Commission shall transfer the proceeds of any such sale or sales to the revolving fund created in Section 69-27-343 . The proceeds of such bonds shall be disbursed solely upon the order of the Soil and Water Conservation Commission under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds.
Miss. Code Ann. § 69-27-103 — MS Code / Title 69 / Chapter 9 / Section 27-103
Miss. Code Ann. § 69-27-103
Status: in_force

The university is hereby authorized, empowered and directed to formulate and submit to the Secretary of Agriculture, in conformity with the provisions of said Soil Conservation and Domestic Allotment Act, a state plan for each calendar year. It shall be the purpose of each such plan to promote such utilization of land and such farming practices as the university finds will tend, in conjunction with the operation of such other plans as may be approved for other states by the Secretary of Agriculture, to preserve and improve soil fertility, promote the economic use of land, diminish the exploitation and wasteful and unscientific use of natural soil resources, and reestablish and maintain the ratio between the purchasing power of the net income per person on farms and that of the income per person not on farms as defined in subsection (a) of Section 7 of said Soil Conservation and Domestic Allotment Act. Each such plan shall provide for adjustments in the utilization of land and in farming practices, through agreements with producers or through other voluntary methods, and for benefit payments in connection therewith, and also for such methods of administration not in conflict with any law of this state and such reports as the Secretary of Agriculture finds necessary for the effective administration of the plan and for ascertaining whether the plan is being carried out according to its terms.
Miss. Code Ann. § 69-11-5 — MS Code / Title 69 / Chapter 8 / 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. § 69-7-601 — MS Code / Title 69 / Chapter 3 / Section 7-601
Miss. Code Ann. § 69-7-601
Status: in_force

This article shall be known as the “Mississippi Catfish Marketing Law of 1975.”
Miss. Code Ann. § 69-27-309 — MS Code / Title 69 / Chapter 1 / Section 27-309
Miss. Code Ann. § 69-27-309
Status: in_force

The commission is authorized to use money appropriated therefor to assist in implementing approved practices on a cost-sharing basis on eligible lands in the State of Mississippi.
Miss. Code Ann. § 69-11-9 — MS Code / Title 69 / Chapter 9 / Section 11-9
Miss. Code Ann. § 69-11-9
Status: in_force

The commissioner shall have power and authority to promulgate reasonable rules and regulations relating to the feeding of swine, the disposal of diseased and dead swine, and all other rules and regulations not in conflict with the provisions of this chapter designed to control and eradicate infectious and contagious diseases of swine as well as rules and regulations necessary to carry out the provisions of this chapter.
Miss. Code Ann. § 69-23-3 — MS Code / Title 69 / Chapter 1 / 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. § 69-7-617 — MS Code / Title 69 / Chapter 5 / Section 7-617
Miss. Code Ann. § 69-7-617
Status: in_force

The commissioner shall publish at least biannually, in such form as he may deem proper, information concerning the sale of catfish products, together with such data on their production and use as he may consider advisable provided that the information concerning production and sales of catfish products shall not disclose the operation of any person.
Miss. Code Ann. § 69-44-1 — MS Code / Title 69 / Chapter 1 / 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. § 69-2-29 — MS Code / Title 69 / Chapter 2 / Section 2-29
Miss. Code Ann. § 69-2-29
Status: in_force

All bonds shall be executed on behalf of the state by the manual or facsimile signature of the Chairman of the State Bond Commission and shall be countersigned by the manual or facsimile signature of the Secretary of the State Bond Commission. All coupons shall be executed on behalf of the state by the facsimile signatures of the chairman and secretary of the State Bond Commission. If the officers whose signatures or countersignatures appear on the bonds or interest coupons shall cease to be such officers before delivery of the bonds, such signatures or countersignatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until such delivery, or had been in office on the date such bonds may bear.
Miss. Code Ann. § 69-24-17 — MS Code / Title 69 / Chapter 2 / Section 24-17
Miss. Code Ann. § 69-24-17
Status: in_force

(1) If the analysis shall show that any soil or plant amendment falls short of the guaranteed analysis in any one (1) soil or plant amending ingredient, or in total soil or plant amending ingredients, beyond “investigational allowances” as established by regulation, a penalty of three (3) times the commercial value of such deficiency shall be assessed against the registrant by the commissioner on all the products represented by the sample analyzed.

(2) All penalties assessed under this section shall be paid to the commissioner within thirty (30) days after the date of notice to the registrant from the Department of Agriculture and Commerce. The commissioner shall deposit the amount of the penalty into the General Funds account of the State Treasury.

(3) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification of such penalties imposed under subsection (1) and (2) above.

(4) The penalties payable in subsections (1) and (2) above shall in no manner be construed as limiting the consumer's right to bring a civil action in damage against the registrant paying said civil penalties.

(5) For the purpose of determining commercial values to be applied under the provisions of this section, the commissioner shall determine from the registrant's sales invoice the values charged for the soil or plant amending ingredients. If no invoice is available or if the invoice fails to provide sufficient information, the commissioner may use other methods to determine values. The values so determined shall be used in determining and assessing penalties.
Miss. Code Ann. § 69-7-339 — MS Code / Title 69 / Chapter 2 / Section 7-339
Miss. Code Ann. § 69-7-339
Status: in_force

Every person, firm, corporation or organization who by himself or itself, or by his or its agents or employees violates any of the provisions of this article, or the regulations made under this article for carrying out its provisions, or who fails or refuses to comply with any of the requirements of this article, or who willfully interferes with the Commissioner of Agriculture and Commerce, his employees or agents in the carrying out of his duties prescribed in this article, shall for each offense be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding twenty-five dollars ($25.00) nor less than five dollars ($5.00) for the first offense, not exceeding fifty dollars ($50.00) nor less than twenty-five dollars ($25.00) for the second, nor exceeding two hundred dollars ($200.00) nor less than one hundred dollars ($100.00) for the third and all following offenses, and all costs for each and every offense.
Miss. Code Ann. § 69-51-3 — MS Code / Title 69 / Chapter 8 / Section 51-3
Miss. Code Ann. § 69-51-3
Status: in_force

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

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

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

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

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

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

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

(e) “ Wet alcohol ” means agriculturally derived fermentation ethyl alcohol having a purity of at least fifty percent (50%) but less than ninety-nine percent (99%).
Miss. Code Ann. § 69-29-117 — MS Code / Title 69 / Chapter 5 / Section 29-117
Miss. Code Ann. § 69-29-117
Status: in_force

It shall be unlawful for:

(a) Any person to use any brand or mark for branding cattle or other livestock unless the brand or mark is registered with the Department of Agriculture and Commerce;

(b) Any person to obliterate, alter or deface the brand or mark of any animals;

(c) Any livestock market to receive and sell livestock unless records of such sale are kept in accordance with the requirements of this article;

(d) Any livestock market to fail to keep a copy of the register of brands and marks furnished to them by the department in a place easily accessible to interested parties;

(e) Any livestock hide dealer to fail or refuse to keep records required by subsection (c) of Section 69-29-113 .
Miss. Code Ann. § 69-15-209 — MS Code / Title 69 / Chapter 9 / 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. § 69-17-107 — MS Code / Title 69 / Chapter 8 / Section 17-107
Miss. Code Ann. § 69-17-107
Status: in_force

Any person who shall violate any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment in the county jail not less than thirty days nor more than six months, or by both such fine and imprisonment.
Miss. Code Ann. § 69-5-21 — MS Code / Title 69 / Chapter 2 / 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. § 69-7-751 — MS Code / Title 69 / Chapter 5 / Section 7-751
Miss. Code Ann. § 69-7-751
Status: in_force

The Legislature declares a need to promote Mississippi agricultural products to raise the overall quality of fruits, vegetables and nuts; and it is the intent of the Legislature that fruits, vegetables and nuts produced or processed, or both, in the State of Mississippi be certified and graded.
Miss. Code Ann. § 69-3-27 — MS Code / Title 69 / Chapter 3 / Section 3-27
Miss. Code Ann. § 69-3-27
Status: in_force

All fees collected by the Commissioner under this article, except those fees collected under Section 69-3-6 , shall be paid to the State Treasurer who shall deposit the fees in the General Fund in the State Treasury.