Miss. Code Ann. § 69-48-5 — MS Code / Title 69 / Chapter 2 / Section 48-5
Miss. Code Ann. § 69-48-5
Status: in_force

(1)(a) There is imposed and levied an assessment at the rate of Two Dollars and Fifty Cents ($2.50) per ton net weight on all peanuts grown within the State of Mississippi or delivered to the first point of sale within the State of Mississippi. The assessment shall be deducted by the purchaser from the amount paid the producer at the first point of sale, whether within or without the state. Assessments on peanuts put under loan to the Commodity Credit Corporation or purchased by the Commodity Credit Corporation and delivered to it shall be payable when such peanuts are placed under loan or are purchased. The Commodity Credit Corporation may require deduction and payment of the assessment from the loan proceeds or from the purchase price on behalf of the producer. Assessments on peanuts put under loan to the Commodity Credit Corporation and redeemed by the producer before the takeover date, if already paid by having been deducted from the loan proceeds, shall not be deducted by each handler from the amount paid the producer at the first point of sale as provided in this section; otherwise, the assessment shall be deducted.

(b) Any peanut producer may request and receive a refund of the amount of assessment deducted from the sale of his peanuts if he makes a written application with the department within sixty (60) days from the date of sale, supported by bona fide copies of sales slips signed by the purchaser. The application forms shall be prepared by the department and shall be available at the first point of sale. All such applications shall be processed and refunds paid by the department within sixty (60) days after the funds have been received by the department. Each marketing agency shall be furnished a poster to be displayed in a prominent place, stating that refunds are available and that the forms, including self-addressed envelopes, are available at its office. If a producer pledges peanuts grown by that producer as collateral for a loan issued by the Commodity Credit Corporation and if that producer forfeits the peanuts in lieu of loan repayment, the Commodity Credit Corporation shall at the time of the loan settlement, collect the assessment from the producer.

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

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

(4) Each purchaser or the Commodity Credit Corporation shall keep a complete and accurate record of all peanuts handled by him and shall furnish each producer with a signed sales slip showing the number of bushels purchased from him and the amount deducted by him for the Mississippi Peanut Promotion Fund. The records shall be in the form and contain any other information as the department shall by rule or regulation prescribe. The records shall be preserved by the purchaser for a period of two (2) years and shall be offered for inspection at any time upon oral or written demand by the department or any duly authorized agent or representative thereof. Every purchaser or the Commodity Credit Corporation, at such time or times as the department may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed in this chapter. The department shall have the power to cause any duly authorized agent or representative to enter upon the premises of any purchaser of peanuts and examine or cause to be examined by the agent only books, papers and records which deal in any way with the payment of the assessment or enforcement of the provisions of this chapter.
Miss. Code Ann. § 69-5-113 — MS Code / Title 69 / Chapter 3 / Section 5-113
Miss. Code Ann. § 69-5-113
Status: in_force

The board of supervisors of any county in Mississippi is hereby authorized, in its discretion, to appropriate money out of the general fund of the county, not to exceed the sum of one thousand dollars ($1,000.00) annually, to aid in the payment of premiums and awards made and given by livestock shows located, held and operated in the livestock show district in which such county is embraced and included, as provided in Section 69-5-103 , and to help defray the expenses of such livestock shows.

Any funds appropriated, as provided in the first paragraph hereof, may be paid over to the directors of such livestock show, or to the local committee in charge of such livestock show, as the board of supervisors may determine; and such funds shall be used in helping to pay for prizes or awards offered at such show and other expenses incurred in promoting and carrying out such livestock shows.
Miss. Code Ann. § 69-10-11 — MS Code / Title 69 / Chapter 1 / Section 10-11
Miss. Code Ann. § 69-10-11
Status: in_force

Notwithstanding the provisions of any laws or parts of laws in conflict herewith, the provisions of this chapter shall be controlling to the extent of the conflict.
Miss. Code Ann. § 69-48-15 — MS Code / Title 69 / Chapter 5 / Section 48-15
Miss. Code Ann. § 69-48-15
Status: in_force

Notwithstanding the provisions of any laws or parts of laws in conflict herewith, the provisions of this chapter shall be controlling to the extent of the conflict.
Miss. Code Ann. § 69-15-61 — MS Code / Title 69 / Chapter 9 / Section 15-61
Miss. Code Ann. § 69-15-61
Status: in_force

The Board of Animal Health shall have jurisdiction over all persons and property necessary to administer and enforce the provisions of Sections 69-15-51 through 69-15-69 , the rules and regulations of the board, and all other laws relating to the prevention and eradication of diseases in animals and livestock. The board may adopt rules and regulations to implement the provisions of Sections 69-15-51 through 69-15-69 .
Miss. Code Ann. § 69-1-47 — MS Code / Title 69 / Chapter 1 / Section 1-47
Miss. Code Ann. § 69-1-47
Status: in_force

The Mississippi Department of Agriculture and Commerce is hereby authorized and empowered, subject to the approval of the Department of Finance and Administration to borrow, from time to time, an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate for repairs and renovations at the Farmers' Market in Jackson, Hinds County, Mississippi.

The rental proceeds received by the Central Market Board shall be pledged for the payment of the principal of and interest on such loan, which shall not exceed a term of ten (10) years and shall bear an interest rate not to exceed that provided in Section 75-17-101, Mississippi Code of 1972 .
Miss. Code Ann. § 69-25-51 — MS Code / Title 69 / Chapter 2 / Section 25-51
Miss. Code Ann. § 69-25-51
Status: in_force

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

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

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

(a) Issue a warning letter.

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

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

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

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

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

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

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

(4) If the accused requests a hearing with the department, in writing, within thirty (30) days from receipt of the decision of the reviewing officer, the commissioner shall appoint three (3) members of the advisory board to the Bureau of Plant Industry to act as a hearing committee and a hearing shall be scheduled. If the accused fails to request a hearing within the thirty-day period, the decision of the reviewing officer is final.
Miss. Code Ann. § 69-10-15 — MS Code / Title 69 / Chapter 5 / Section 10-15
Miss. Code Ann. § 69-10-15
Status: in_force

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

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

(3) The commissioner may apply for and the court may grant a temporary or permanent injunction on disbursements made to the board from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
Miss. Code Ann. § 69-7-273 — MS Code / Title 69 / Chapter 5 / Section 7-273
Miss. Code Ann. § 69-7-273
Status: in_force

Any person required to pay the assessment provided for in this article who refuses to allow full inspection of the premises, or any books, records or other documents relating to the liability of such person for the assessment herein imposed, or who shall hinder or in any way delay or prevent such inspection, or who shall fail or refuse to properly and timely pay all costs incurred by the board or the commissioner in conducting such examinations, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not to exceed one (1) year, or both.

Whoever violates any other provision of this article or any rule or regulation of the board pursuant thereto shall be guilty of a misdemeanor. Upon conviction of a first offense, he shall be punished by a fine not to exceed One Hundred Dollars ($100.00); upon a second offense, a fine not to exceed Five Hundred Dollars ($500.00); and upon a third or subsequent offense, a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment in the county jail not to exceed thirty (30) days, or both.
Miss. Code Ann. § 69-48-1 — MS Code / Title 69 / Chapter 5 / 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. § 69-7-701 — MS Code / Title 69 / Chapter 1 / 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. § 69-46-5 — MS Code / Title 69 / Chapter 1 / Section 46-5
Miss. Code Ann. § 69-46-5
Status: in_force

The board shall have the following powers and duties:

(a) To develop marketing plans and opportunities for independent farmers in Mississippi;

(b) To encourage the commercialization of new agricultural technology businesses;

(c) To initiate the development of processing facilities for Mississippi agricultural commodities;

(d) To initiate the development of Mississippi wholesale distribution businesses for agricultural inputs and products;

(e) To promote the development of institutional and specialty markets for Mississippi agriculture products;

(f) To encourage additional research for new agricultural product development;

(g) To develop a working relationship with the state offices of the United States Department of Agriculture as may be appropriate for the promotion and development of agriculture in Mississippi;

(h) To promote the rural quality of life in Mississippi through such programs as 4-H, Future Farmers of America and agricultural education;

(i) To encourage, promote and initiate the development of alternative energy strategies, applied research technologies and commercialization enterprises that focus on Mississippi natural resources, including, but not limited to, agriculture, timber and poultry products and byproducts;

(j) To file an annual report with the Governor, Secretary of the Senate and the Clerk of the House of Representatives not later than December 1 of each year, with recommendations for any legislation necessary to accomplish the purposes of the Mississippi Land, Water and Timber Resources Act;

(k) The board may promulgate and enforce rules and regulations, in accordance with the Mississippi Administrative Procedures Law, as may be necessary to carry out the provisions of the Mississippi Land, Water and Timber Resources Act;

(l) To expend funds out of the Mississippi Land, Water and Timber Resources Fund to carry out its powers and duties under the Mississippi Land, Water and Timber Resources Act;

(m) The board may provide funds to public entities and private entities through loans, grants, contracts and any other manner the board determines appropriate for the purposes of carrying out the provisions of the Mississippi Land, Water and Timber Resources Act.
Miss. Code Ann. § 69-17-15 — MS Code / Title 69 / Chapter 5 / Section 17-15
Miss. Code Ann. § 69-17-15
Status: in_force

Any person, firm or corporation violating any provision, or provisions, of this article shall have his registration rejected or revoked, and shall be guilty of a misdemeanor and upon conviction thereof, in addition to the foregoing, may be fined not to exceed one hundred dollars ($100.00) or imprisoned in jail not exceeding thirty days, either or both.
Miss. Code Ann. § 69-3-20 — MS Code / Title 69 / Chapter 2 / Section 3-20
Miss. Code Ann. § 69-3-20
Status: in_force

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

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

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

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

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

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

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

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

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

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

(8) In lieu of a hearing by the council, informal hearings for arbitration may be conducted by an independent arbitrator appointed by the commissioner. The consumer filing a complaint or the seedsmen named in the complaint may request arbitration by an independent arbitrator. When a request is made, both parties shall be notified and consent to arbitration by an independent arbitrator. The commissioner shall appoint the arbitrator from a list of six (6) persons who shall be qualified to conduct arbitration proceedings. The commissioner shall publish the lists of qualified arbitrations every other year. The arbitrator appointed by the commissioner shall conduct all proceedings and hearings as provided in Section 69-3-20 and applicable rules and regulations and shall report the findings and recommendations to the commissioner.
Miss. Code Ann. § 69-7-271 — MS Code / Title 69 / Chapter 3 / Section 7-271
Miss. Code Ann. § 69-7-271
Status: in_force

Any dealer or handler who fails to file a report or to pay any assessment within the time required by the board shall forfeit to the commissioner a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) of such amount for each month of delay or fraction thereof after the first month after such report was required to be filed or such assessment became due. The commissioner, if satisfied that the delay was excusable, may remit all or any part of such penalty. The penalty shall be paid to the commissioner and shall be disposed of by him in the same manner as funds derived from the payment of the assessment imposed herein.

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

(a) By voluntary payment by the person liable;

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

(c) By injunctive relief to enjoin any dealer or handler or other person owing such assessment and/or penalties from operating his business or engaging in business as a dealer or handler of eggs until the delinquent assessment and/or penalties are paid.
Miss. Code Ann. § 69-35-19 — MS Code / Title 69 / Chapter 8 / Section 35-19
Miss. Code Ann. § 69-35-19
Status: in_force

In the event such referendum so to be conducted as herein provided shall not be supported by a majority of those eligible for participation and voting therein, then the state ADA and extension service conducting the said referendum shall have the full power and authority to call another referendum for the purposes herein set forth in the next succeeding year, on the question of an annual assessment for five (5) years.
Miss. Code Ann. § 69-35-23 — MS Code / Title 69 / Chapter 5 / Section 35-23
Miss. Code Ann. § 69-35-23
Status: in_force

The state ADA and extension service shall likewise prepare and distribute in advance of such referendum all necessary ballots for the purposes thereof, and shall, under rules and regulations promulgated, arrange for the necessary poll holders for conducting the said referendum; and following such referendum and within ten (10) days thereafter shall canvas and publicly declare the result of such referendum.
Miss. Code Ann. § 69-33-9 — MS Code / Title 69 / Chapter 1 / 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. § 69-25-31 — MS Code / Title 69 / Chapter 3 / Section 25-31
Miss. Code Ann. § 69-25-31
Status: in_force

The Commissioner of Agriculture and Commerce shall have power to make reciprocal agreements with the responsible officials of other states under which nursery stock or plants from any other state may be sold or delivered in Mississippi under the same conditions required for the sale or delivery of Mississippi nursery stock or plants in the state concerned.
Miss. Code Ann. § 69-27-47 — MS Code / Title 69 / Chapter 1 / Section 27-47
Miss. Code Ann. § 69-27-47
Status: in_force

Any landowner or operator may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardships in the way of his carrying out upon his lands the strict letter of the land-use regulations prescribed by ordinance approved by the commissioners, and praying the board to authorize a variance from the terms of the land-use regulations in the application of such regulations to the lands owned or operated by the petitioner. Copies of such petition shall be served by the petitioner upon the chairman of the commissioners of the district within which his lands are located and upon the chairman of the State Soil and Water Conservation committee. The board of adjustment shall fix a time for the hearing of the petition and cause due notice of such hearing to be given. The commissioners of the district and the State Soil and Water Conservation Committee shall have the right to appear and be heard at such hearing. Any owner or operator of lands lying within the district who shall object to the authorizing of the variance prayed for may intervene and become a party to the proceedings. Any party to the hearing before the board may appear in person, by agent, or by attorney. If, upon the facts presented at such hearing, the board shall determine that there are great practical difficulties or unnecessary hardship in the way of applying the strict letter of any of the land-use regulations upon the lands of the petitioner, it shall make and record such determination and shall make and record findings of fact as to the specific conditions which establish such great practical difficulties or unnecessary hardship. Upon the basis of such findings and determination, the board shall have power by order to authorize such variance from the terms of land-use regulations in their application to the lands of the petitioner, as will relieve such great practical difficulties or unnecessary hardship and will not be contrary to the public interest, and such that the spirit of the land-use regulations shall be observed, the public health, safety, and welfare secured, and substantial justice done.
Miss. Code Ann. § 69-37-31 — MS Code / Title 69 / Chapter 9 / Section 37-31
Miss. Code Ann. § 69-37-31
Status: in_force

(1) The bureau, with the concurrence of the corporation, is authorized to promulgate reasonable regulations restricting the pasturage of livestock, entry by persons, location of honeybee colonies or other activities affecting the boll weevil eradication program in affected areas, for limited periods of time, which have been or will be treated with pesticides or otherwise treated to cause the eradication of the boll weevil, or in any other areas that may be affected by those treatments.

(2) The bureau shall also have authority to adopt any other rules and regulations as it deems necessary to further effectuate the purposes of this chapter, provided that those other rules and regulations are approved by the corporation.
Miss. Code Ann. § 69-8-7 — MS Code / Title 69 / Chapter 5 / Section 8-7
Miss. Code Ann. § 69-8-7
Status: repealed

(1) Within ninety (90) days after the levy of the national beef promotion and research program established by the “Beef Promotion and Research Act of 1985” is finally adjudicated unconstitutional, the commissioner is authorized to call a referendum allowing producers to vote as to whether an assessment of One Dollar ($1.00) per head on all cattle sold in the state shall be levied for the purpose of promotion and development of the Mississippi cattle industry.

(a) A cattle producer who owned or produced cattle in the year immediately preceding the referendum shall be entitled to cast one (1) vote.

(b) The council shall bear all expenses incurred in conducting a referendum.

(c) If a majority of the producers voting in the referendum vote in favor of the assessment, then a sum of One Dollar ($1.00) per head shall be levied on all cattle sold in the state. This assessment shall be applicable to all sales made on or after a date specified by the commissioner but no later than ninety (90) days after certification of the results of the election.

(d) The assessment shall be a continuing levy until either terminated by the council or repealed by a majority vote in a subsequent referendum.

(2) Subsequent referendums:

(a) Upon petition by ten percent (10%) of the producers, the commissioner shall call for a subsequent referendum to allow producers to vote on the assessment.

(b) If a referendum fails to receive a majority of affirmative votes, then the commissioner shall be authorized to call another referendum in the next succeeding year. No such referendum shall be held within a period of twelve (12) months from the date on which the last referendum was held.

(3) If this program is terminated as a result of referendum vote or for any other reason, collections received prior to the last day of the program as designated by the commissioner, will be expended within ninety (90) days in the manner in which the program was operated.

(4) The commissioner, with the approval of the council, may promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, as may be necessary to carry out this chapter.
Miss. Code Ann. § 69-29-103 — MS Code / Title 69 / Chapter 8 / Section 29-103
Miss. Code Ann. § 69-29-103
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(g) “Mark” means a distinct marking or device placed on a live animal sufficient to distinguish the animal readily if it becomes intermixed with other animals, and includes a tattoo.
Miss. Code Ann. § 69-17-5 — MS Code / Title 69 / Chapter 1 / Section 17-5
Miss. Code Ann. § 69-17-5
Status: in_force

Nothing in this article shall apply to the dispensing of biologics, drugs, remedies, tonics, medicines or preparations hereinabove referred to by a licensed veterinarian if same is delivered by the licensed practitioner in the course of his professional practice or upon his prescription.
Miss. Code Ann. § 69-19-13 — MS Code / Title 69 / Chapter 2 / Section 19-13
Miss. Code Ann. § 69-19-13
Status: in_force

The Bureau of Plant Industry, Department of Agriculture and Commerce, in cases of natural disaster, may waive any and all provisions of this chapter.
Miss. Code Ann. § 69-27-7 — MS Code / Title 69 / Chapter 8 / Section 27-7
Miss. Code Ann. § 69-27-7
Status: in_force

Wherever used or referred to in this article, unless a different meaning clearly appears from the context:

(a) “District” or “soil and water conservation district” means a governmental subdivision of this state, and a public body, corporate and politic, organized in accordance with the provisions of this article, for the purposes, with the powers and subject to the restrictions hereinafter set forth.

(b) “Commissioner” means one of the members of the governing body of a district, elected or appointed in accordance with the provisions of this article.

(c) “Committee” or “State Soil and Water Conservation Committee” means the state and soil and water conservation commission as renamed under the provisions of Section 67-27-2 and created in Section 69-27-9 .

(d) “Petition” means a petition filed under the provisions of Section 69-27-15 for the creation of a district.

(e) “Nominating petition” means a petition filed under the provisions of Section 69-27-31 to nominate candidates for the office of commissioner of a soil and water conservation district.

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

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

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

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

(j) “Landowner” or “owner of land” includes any person, firm or corporation who shall hold legal or equitable title to any lands lying within a district organized under the provisions of this article.

(k) “Land operator” or “operator of land” includes any person, firm or corporation, other than the owner, who shall be in possession of any lands lying within a district organized under the provisions of this article, whether as lessee, renter, tenant or otherwise.

(l) “Due notice” means notice published at least three (3) times with an interval of at least seven (7) days between each publication date, in a newspaper of general circulation within the area where the land proposed to be included in a conservation district is located, or if no such newspaper or general circulation be available, by posting at a reasonable number (not less than five (5)) of conspicuous places within such area, such posting to include posting one (1) copy upon the bulletin board of the courthouse of each county where any of the lands in such proposed district may be located. Notice shall also be given by United States mail to all of the landowners of the proposed district or the district of any hearing or election. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates.
Miss. Code Ann. § 69-39-11 — MS Code / Title 69 / Chapter 9 / Section 39-11
Miss. Code Ann. § 69-39-11
Status: in_force

(1) Each separately identified product shall be registered once each year before being distributed in this state. The application for registration shall be submitted to the commissioner on forms furnished or approved by him. Upon approval by the commissioner, a copy of the registration shall be furnished to the applicant.

(2) A distributor shall not be required to register any brand of agricultural liming material that is already registered under this chapter by another person, providing the label does not differ in any respect.
Miss. Code Ann. § 69-27-15 — MS Code / Title 69 / Chapter 1 / 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. § 69-36-3 — MS Code / Title 69 / Chapter 9 / Section 36-3
Miss. Code Ann. § 69-36-3
Status: in_force

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

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

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

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

(5) The commissioner may provide funding as necessary to the delegation during its term.
Miss. Code Ann. § 69-15-211 — MS Code / Title 69 / Chapter 3 / Section 15-211
Miss. Code Ann. § 69-15-211
Status: in_force

The county boards of supervisors of counties engaged in eradicating tuberculosis in livestock under the area plan in co-operation with the board of animal health and the United States Bureau of Animal Industry may pay out of the general funds of the county money for necessary expenditure including the employment of accredited or approved veterinarians and for the payment of indemnity to cattle owners who have animals slaughtered because of having reacted to a tuberculin test authorized by the board and the United States Bureau of Animal Industry. Provided that said animals so classed are appraised and slaughtered as provided in the rules and regulations of the board of animal health. The indemnity received shall not exceed fifty dollars ($50.00) for each grade animal or one hundred dollars ($100.00) for each registered animal so condemned.
Miss. Code Ann. § 69-44-11 — MS Code / Title 69 / Chapter 5 / 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. § 69-29-3 — MS Code / Title 69 / Chapter 5 / Section 29-3
Miss. Code Ann. § 69-29-3
Status: in_force

If any person, knowingly, shall mark or brand any animal, the property of another, with a mark or brand calculated or intended to designate ownership not that of the owner, without the consent of the owner, or without authority of law, and with intent to deprive the owner of his property, he shall, on conviction thereof, be imprisoned, in the penitentiary not more than three years, or be fined in a sum not more than five hundred dollars, or imprisoned in the county jail for a period not longer than one year, or both.
Miss. Code Ann. § 69-31-3 — MS Code / Title 69 / Chapter 5 / Section 31-3
Miss. Code Ann. § 69-31-3
Status: in_force

The commissioner is hereby charged with the enforcement of this chapter and is empowered to promulgate rules, regulations, specifications, standards and tests as may be necessary in order to secure the efficient administration of this chapter. The department may, from time to time, publish such data in connection with the administration of this chapter as may be of public interest.
Miss. Code Ann. § 69-31-7 — MS Code / Title 69 / Chapter 8 / Section 31-7
Miss. Code Ann. § 69-31-7
Status: in_force

If an inspection or comparative test reveals that the moisture-measuring device being inspected or tested conforms to the standards and specifications established by the department, the department shall cause the same to be marked with an appropriate seal. Any moisture-measuring device which upon inspection is found not to conform with the specifications and standards established by the department shall be marked with an appropriate seal showing such device to be defective. The seal shall not be altered or removed until said moisture-measuring device is properly repaired and reinspected. The department shall notify the owner or user of such device of its defective condition. Notification shall be made on an inspection form prepared by the department.
Miss. Code Ann. § 69-15-21 — MS Code / Title 69 / Chapter 9 / Section 15-21
Miss. Code Ann. § 69-15-21
Status: in_force

(1) The Animal Disease Response Fund is created as a special fund in the State Treasury. The response fund shall consist of any funds appropriated or otherwise made available by the Legislature for animal disease outbreaks, any income from investment of the funds in the response fund, and federal reimbursement for expenditures made from the response fund.

(2) Monies in the response fund shall be expended by the Mississippi Board of Animal Health only upon appropriation by the Legislature or by escalation of the board's budget as authorized in the appropriation bill for the board. Unexpended amounts remaining in the response fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the response fund shall be deposited to the credit of the response fund.

(3) The response fund shall be used only for payment of expenses incurred by the Board of Animal Health in responding to animal disease outbreaks, including, but not limited to, purchasing commodities, hiring temporary employees and/or engaging the contractual services of companies that can provide trained emergency response personnel.

(4) Before the Board of Animal Health expends funds from the response fund to respond to an animal disease outbreak, the State Veterinarian shall notify the Lieutenant Governor, the Speaker of the House of Representatives, the respective Chairmen of the Senate Appropriations Committee, the Senate Agriculture Committee, the House Appropriations Committee and the House Agriculture Committee, and the Legislative Budget Office, of the proposed expenditure of the funds.
Miss. Code Ann. § 69-3-107 — MS Code / Title 69 / Chapter 2 / Section 3-107
Miss. Code Ann. § 69-3-107
Status: in_force

The work of the official state seed certifying agency shall be on a self-supporting basis.
Miss. Code Ann. § 69-37-29 — MS Code / Title 69 / Chapter 2 / 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. § 69-27-207 — MS Code / Title 69 / Chapter 5 / 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. § 69-9-5 — MS Code / Title 69 / Chapter 1 / Section 9-5
Miss. Code Ann. § 69-9-5
Status: in_force

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

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

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

(4) Each purchaser or the Commodity Credit Corporation shall keep a complete and accurate record of all soybeans handled by him and shall furnish each producer with a signed sales slip showing the number of bushels purchased from him and the amount deducted by him for the Mississippi Soybean Promotion Fund. Such records shall be in such form and contain such other information as the department shall by rule or regulation prescribe. The records shall be preserved by the purchaser for a period of two (2) years and shall be offered for inspection at any time upon oral or written demand by the department or any duly authorized agent or representative thereof. Every purchaser or the Commodity Credit Corporation, at such time or times as the department may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed in this chapter. The department shall have the power to cause any duly authorized agent or representative to enter upon the premises of any purchaser of soybeans and examine or cause to be examined by such agent only books, papers and records which deal in any way with the payment of the assessment or enforcement of the provisions of this chapter.
Miss. Code Ann. § 69-29-305 — MS Code / Title 69 / Chapter 3 / Section 29-305
Miss. Code Ann. § 69-29-305
Status: in_force

A person shall not, without the effective consent of the owner, acquire or otherwise exercise control over an animal facility, an animal from an animal facility or other property from an animal facility with the intent to deprive the owner of the facility, animal or property and to disrupt or damage the enterprise conducted at the animal facility.
Miss. Code Ann. § 69-3-103 — MS Code / Title 69 / Chapter 1 / Section 3-103
Miss. Code Ann. § 69-3-103
Status: in_force

There is hereby created a state seed board composed of the president of Mississippi State University of Agriculture and Applied Science, the director of the agricultural and forestry experiment station of Mississippi State University of Agriculture and Applied Science, the commissioner of agriculture and commerce of Mississippi, two (2) members to be selected and approved by and from the membership of the state certifying agency, one (1) member to be selected and approved by and from the membership of the Mississippi Seedmen's Association, and one (1) member to be selected and approved by and from the resident concerns and individuals engaged in the production of breeders registered planting seed in the State of Mississippi.
Miss. Code Ann. § 69-29-105 — MS Code / Title 69 / Chapter 9 / Section 29-105
Miss. Code Ann. § 69-29-105
Status: in_force

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

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

(3) Any person who shall violate any of the provisions of subsection (2) of this section shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and by imprisonment in the county jail not less than thirty (30) days nor more than six (6) months. Any person convicted of stealing livestock is subject to the penalties provided in Section 97-17-53 .
Miss. Code Ann. § 69-3-11 — MS Code / Title 69 / Chapter 1 / Section 3-11
Miss. Code Ann. § 69-3-11
Status: in_force

Agricultural seed or mixtures of same, vegetable seed, flower seed, and tree and shrub seed shall be exempt from provisions of this article:

(1) When sold and delivered by a farmer-grower of this state on his own premises, but a farmer-grower is required to label seed when sold and shipped away from his premises, but is not required to hold the seedsman's permit. These provisions do not apply to commercial growers of seed.

(2) When sold or represented to be sold for purposes other than seeding, providing that the vendor shall make it unmistakably clear to the purchaser of such seed that it is not for seeding purposes.

(3) When seed for processing is being transported to, or consigned to, or stored in a processing or cleaning establishment, provided that the invoice or labeling accompanying said seed bears the statement “seed for processing.” Other labeling or representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this article.

(4) No label shall be required, unless requested by the purchaser, on agricultural seed, mixtures of same, vegetable seed, flower, and tree and shrub seed when such seeds are sold directly to and in the presence of the purchaser and taken from a container labeled in accordance with this article.

(5) No person shall be subjected to the penalties of this article for having sold, offered or exposed for sale in this state agricultural seed, mixtures of same, vegetable seed, flower seed, or tree and shrub seed which were incorrectly labeled or represented as to kind, variety or origin, which seed cannot be identified by examination thereof, unless he has failed to obtain an invoice or grower's declaration or other labeling information and to take such other precautions as may be reasonable to insure the identity to be that stated.
Miss. Code Ann. § 69-45-3 — MS Code / Title 69 / Chapter 3 / Section 45-3
Miss. Code Ann. § 69-45-3
Status: in_force

The Legislature finds that there is a need for a Mississippi Agricultural Promotions Program to increase consumer awareness and expand the market for Mississippi's agricultural products. The Legislature further finds that the Mississippi Department of Agriculture and Commerce, through, but not limited to, product identification programs and subsidies, loans and grants, shall promote and advertise such products.
Miss. Code Ann. § 69-15-211 — MS Code / Title 69 / Chapter 10 / Section 15-211
Miss. Code Ann. § 69-15-211
Status: in_force

The county boards of supervisors of counties engaged in eradicating tuberculosis in livestock under the area plan in co-operation with the board of animal health and the United States Bureau of Animal Industry may pay out of the general funds of the county money for necessary expenditure including the employment of accredited or approved veterinarians and for the payment of indemnity to cattle owners who have animals slaughtered because of having reacted to a tuberculin test authorized by the board and the United States Bureau of Animal Industry. Provided that said animals so classed are appraised and slaughtered as provided in the rules and regulations of the board of animal health. The indemnity received shall not exceed fifty dollars ($50.00) for each grade animal or one hundred dollars ($100.00) for each registered animal so condemned.
Miss. Code Ann. § 69-27-211 — MS Code / Title 69 / Chapter 8 / 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. § 69-53-3 — MS Code / Title 69 / Chapter 1 / Section 53-3
Miss. Code Ann. § 69-53-3
Status: in_force

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

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

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

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

(c) Intentionally injures the participant.

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

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

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

(4) Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.
Miss. Code Ann. § 69-15-105 — MS Code / Title 69 / Chapter 1 / Section 15-105
Miss. Code Ann. § 69-15-105
Status: in_force

(1) The boards of supervisors in the various counties are hereby authorized and empowered, in their discretion, to put into effect the provisions of this section by order of said respective boards spread upon the minutes of such board when petitioned by a majority of livestock owners in any county or affected district.

(2) The board of supervisors of any county, when petitioned, electing to come under the provisions of this section shall be authorized to appropriate money from the general fund or fix the levy annually of an ad valorem tax, not to exceed two (2) mills, upon the assessed valuation of all real and personal property within the area petitioned for and/or fix a fee not to exceed Twenty-five Cents (25¢) per head on livestock annually, based on cost estimates for a program of controlling or eradicating ticks, flies, and other nuisance insects by dipping livestock or by other appropriate methods.

(3) The board of supervisors of any county, upon designating an area where the program shall be operated, shall request the technical assistance of the Board of Animal Health. The Board of Animal Health shall cooperate in general planning, technical supervision, furnish specifications for vats, and other equipment, select approved chemical agents and test same for effectiveness.

(4) The board of supervisors of any county is authorized to construct dipping vats in suitable locations, purchase other equipment and supplies, and employ such personnel as necessary, including inspectors who shall be enforcement officers for the county board of supervisors.

It shall be the duty of each livestock owner within the area of program operations to cooperate with the board of supervisors and its representatives and comply with the provisions of this section.

(5) The board of supervisors of any county shall have the authority to require all owners when necessary to assemble all their livestock at a designated time and place and have same dipped or treated according to prescribed methods.

Owners who refuse or fail to comply after having been duly notified to have livestock assembled and dipped or treated as prescribed shall be in violation of the provisions of this section and shall be subject to the provisions of Sections 69-15-53 through 69-15-69 .

(6) The purpose of this section is to supplement and be in addition to Section 69-15-307, Mississippi Code of 1972 , and related statutes. Nothing in this section to the contrary shall replace or minimize existing statute concerning existing laws for the eradication of the cattle fever tick (Margaropus annulatus).
Miss. Code Ann. § 69-13-327 — MS Code / Title 69 / Chapter 2 / Section 13-327
Miss. Code Ann. § 69-13-327
Status: in_force

The ranger is authorized to administer all oaths and take affidavits necessary in the discharge of his duties.
Miss. Code Ann. § 69-15-207 — MS Code / Title 69 / Chapter 2 / Section 15-207
Miss. Code Ann. § 69-15-207
Status: in_force

In counties doing tuberculosis eradication work under the provisions of this article, owners of cattle are required to submit all their cattle to be tuberculin tested at such time and place as designated by the board of animal health, and provide such help as may be needed by the inspector doing the work.
Miss. Code Ann. § 69-8-13 — MS Code / Title 69 / Chapter 8 / Section 8-13
Miss. Code Ann. § 69-8-13
Status: in_force

(1) Any producer may request and receive a refund of assessments levied on the sale of the producer's cattle.

(a) The request may be made only by the producer.

(b) The request must be made to the council in writing within forty-five (45) days from the date of sale.

(c) The request must include the name and address of the sale market or purchaser, date of sale, number of head sold and assessed, and proof that the assessment was deducted.

(2) The council shall mail payment of assessment refunds to the requesting producer within thirty (30) days of receiving the request.
Miss. Code Ann. § 69-23-119 — MS Code / Title 69 / Chapter 10 / Section 23-119
Miss. Code Ann. § 69-23-119
Status: in_force

(1) Any person duly licensed and certified under Section 69-19-1 through 69-19-15 or 69-21-101 through 69-21-128 , is exempted from the licensing provisions of Sections 69-23-101 through 69-23-135 .

(2) The commissioner may exempt any other persons as may be exempted by federal regulations.

(3) The commissioner may exempt public applicators from the requirements of Sections 69-23-113 and 69-23-117 .
Miss. Code Ann. § 69-21-117 — MS Code / Title 69 / Chapter 3 / Section 21-117
Miss. Code Ann. § 69-21-117
Status: in_force

(1) Any person who is a nonresident of this state and who intends to perform agricultural aircraft operations in this state as an applicator or pilot shall obtain the appropriate applicator's or pilot's license under this article and comply with all the other licensing requirements for a resident licensee. Nonresident applicators shall also designate and maintain a resident agent in this state for service of process.

(2) Any person who is duly licensed as an agricultural aviation pilot in another state, whose requirements for licensure as an agricultural aviation pilot are at least equal to those of this state, may be granted an agricultural aviation pilot's license by this state upon the submission of the required application, provided the laws of the state from which the applicant comes grant similar privileges to applicants from this state. The department is authorized to enter into a reciprocity agreement with any state meeting the qualifications of this subsection.
Miss. Code Ann. § 69-23-121 — MS Code / Title 69 / Chapter 3 / Section 23-121
Miss. Code Ann. § 69-23-121
Status: in_force

The Mississippi Cooperative Extension Service shall conduct courses of instruction and training for the purpose of carrying out the provisions of Sections 69-23-101 through 69-23-135 .
Miss. Code Ann. § 69-25-213 — MS Code / Title 69 / Chapter 2 / Section 25-213
Miss. Code Ann. § 69-25-213
Status: in_force

(1) Upon a determination by the commissioner or the commissioner's designee, the following may constitute negligent violations:

(a) Failing to provide a legal description of land on which the grower produces hemp;

(b) Failing to obtain a license or other required authorization from the department;

(c) Failing to register with the department;

(d) Producing Cannabis sativa L. with a delta-9-tetrahydrocannabinol concentration of more than five-tenths percent (0.5%) on a dry weight basis; or

(e) Any other violation of the State Plan, including any rules and regulations set forth by the department.

(2) Corrective action plan. (a) A hemp grower shall comply with a plan established by the commissioner or the commissioner's designee to correct the negligent violation, including:

(i) A reasonable date by which the hemp grower shall correct the negligent violation; and

(ii) A requirement that the hemp grower shall periodically report to the commissioner or the commissioner's designee regarding the compliance with the corrective plan for a period of not less than the next two (2) calendar years.

(b) The department shall notify the Mississippi Bureau of Narcotics of all corrective action plans implemented by the commissioner or the commissioner's designee.

(3) Result of negligent violation. A hemp grower that negligently violates the State Plan shall not, as a result of that violation, be subject to any criminal enforcement action by a state, county or local government entity.

(4) Repeat violations. A hemp grower that negligently violates the State Plan three (3) times in a five-year period shall be ineligible to produce hemp for a period of five (5) years beginning on the date of the third violation.
Miss. Code Ann. § 69-13-117 — MS Code / Title 69 / Chapter 10 / Section 13-117
Miss. Code Ann. § 69-13-117
Status: in_force

This article is cumulative and in addition to all other livestock laws and does not repeal any presently existing laws with reference to the powers and duties of the county ranger of the law on estrays. This article shall be liberally interpreted in order to accomplish its purpose and it shall not be interpreted to repeal any law unless specifically so provided herein.
Miss. Code Ann. § 69-29-113 — MS Code / Title 69 / Chapter 2 / Section 29-113
Miss. Code Ann. § 69-29-113
Status: in_force

(1) Every operator of a livestock market where livestock is sold shall keep a copy of the register of brands and marks in his place of business where it will be easily accessible for public inspection.

(2) The operator of every livestock market where livestock is sold, together with all dealers, slaughterers and butchers who buy livestock for slaughter which was not purchased at a livestock market, shall keep a record covering all livestock received, including:

(a) The name and address of the owner of the livestock;

(b) The license tag number of the vehicle delivering the livestock;

(c) The name and address of the driver of the vehicle delivering the livestock and his motor vehicle operator's license number or Social Security number, preferably both;

(d) The number of livestock received; and

(e) A description of livestock including color.

These records shall be kept for public inspection for a period of two (2) years after the livestock is received.

(3) Livestock hide dealers are required to keep a record of all hides of livestock received by them, including:

(a) The name and address of the owner of the hides;

(b) The vehicle tag number of the vehicle delivering the hides;

(c) The name and address of the driver of the vehicle and his motor vehicle operator's license number or Social Security number, preferably both; and

(d) A description of the hides, including any brands or marks.

Livestock hide dealers shall keep such records for a period of two (2) years from the time of purchase.

(4) Any livestock market operator, dealer, slaughterer, butcher or livestock hide dealer who fails to keep these records and make them available to authorized inspectors or officers of the law shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).
Miss. Code Ann. § 69-9-3 — MS Code / Title 69 / Chapter 9 / Section 9-3
Miss. Code Ann. § 69-9-3
Status: in_force

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

(2) The members of the board shall meet and organize immediately after their appointment, and shall elect a chairman, vice-chairman and secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by such officers or specifically designated by the board. The chairman, vice-chairman and secretary-treasurer shall be bonded in an amount not less than twenty thousand dollars ($20,000.00). The cost of said bonds shall be paid from the funds received under the provisions of this chapter. Such bond shall be a security for any illegal act of such member of the board and recovery thereon may be had by the state for any injury by such illegal act of such member. The board may establish rules and regulations for its own government and the administration of the affairs of the board.
Miss. Code Ann. § 69-25-29 — MS Code / Title 69 / Chapter 10 / Section 25-29
Miss. Code Ann. § 69-25-29
Status: in_force

The Commissioner of Agriculture and Commerce for the same purposes and in the same manner and with the same authority, as provided in Section 69-25-27 , may prohibit and prevent the introduction into or the transportation through the state of any such plants and plant products or other thing or substance except when contained in such container, car, boat, or vehicle and shall prevent the escape or waste of any part of the same while being introduced into or transported through the state, and may likewise prohibit and prevent the opening of such container, car, boat, or vehicle containing such plant or plant product or other thing or substance within the state.
Miss. Code Ann. § 69-29-305 — MS Code / Title 69 / Chapter 8 / Section 29-305
Miss. Code Ann. § 69-29-305
Status: in_force

A person shall not, without the effective consent of the owner, acquire or otherwise exercise control over an animal facility, an animal from an animal facility or other property from an animal facility with the intent to deprive the owner of the facility, animal or property and to disrupt or damage the enterprise conducted at the animal facility.
Miss. Code Ann. § 69-27-301 — MS Code / Title 69 / Chapter 2 / Section 27-301
Miss. Code Ann. § 69-27-301
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(k) “Approved practice” means those farming practices or operations that are carried out in a manner that will directly benefit the conservation, development or proper utility of soil and water resources.
Miss. Code Ann. § 69-27-53 — MS Code / Title 69 / Chapter 1 / Section 27-53
Miss. Code Ann. § 69-27-53
Status: in_force

Agencies of this state which shall have jurisdiction over, or be charged with the administration of, any state-owned lands, and of any county, or other governmental subdivision of the state, which shall have jurisdiction over, or be charged with the administration of, any county-owned or other publicly owned lands, lying within the boundaries of any district organized hereunder, shall cooperate to the fullest extent with the commissioners of such districts in the effectuation of programs and operations undertaken by the commissioners under the provisions of this article. The commissioners of such districts shall be given free access to enter and perform work upon such publicly owned lands. The provisions of land-use regulations adopted pursuant to Section 69-27-37 , shall have the force and effect of law over all such publicly owned lands, and shall be in all respects observed by the agencies administering such lands.
Miss. Code Ann. § 69-7-201 — MS Code / Title 69 / Chapter 1 / Section 7-201
Miss. Code Ann. § 69-7-201
Status: in_force

For the purposes of this article, every person, firm, corporation, association or other legal entity who is engaged in hatching baby chicks and ratites, including baby ostrich, emu and rhea, for sale, distribution or under contract, either oral or written, for the production of ostrich, emu, rhea, broilers, laying hens, roosters or eggs, and every person, firm, partnership, corporation, association, or other legal entity, who procures the production of ostrich, emu, rhea, broilers, laying hens, roosters or eggs for sale, distribution or processing by contract with others, either oral or written, shall be considered “doing business” within the State of Mississippi, and every person, firm, corporation, association or other legal entity that is a nonresident of this state and who desires to “do business” within this state as covered by this article shall, as a condition precedent to obtaining a license hereunder, appoint or designate a resident of the State of Mississippi as agent for the service of process and shall file such appointment or designation with the Secretary of State. Thereafter, the service of summons upon the agent appointed or designated shall be sufficient to give the courts of this state jurisdiction of any cause of action arising under the terms of this article. Any person, firm, partnership, corporation, association or other legal entity who “does business” under the provisions of this article, whether under a license or otherwise, without appointing or designating an agent as herein required shall be deemed to have appointed the Secretary of State as such agent and may be proceeded against in courts of this state by service of process upon the Secretary of State.
Miss. Code Ann. § 69-19-7 — MS Code / Title 69 / Chapter 10 / Section 19-7
Miss. Code Ann. § 69-19-7
Status: in_force

For the purpose of this chapter the word “person” shall be construed to mean an individual, a partnership, or a corporation.
Miss. Code Ann. § 69-13-17 — MS Code / Title 69 / Chapter 8 / 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. § 69-23-133 — MS Code / Title 69 / Chapter 3 / 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. § 69-15-15 — MS Code / Title 69 / Chapter 9 / Section 15-15
Miss. Code Ann. § 69-15-15
Status: in_force

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

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

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

(4) Any person, firm or corporation failing to comply with any of the provisions of this section, or interfering with the State Veterinarian or any duly appointed officer of the State Veterinarian in the discharge of his duty or for having discharged his duties, shall be deemed in violation of the provisions of this section and shall be subject to the penalties provided in Section 69-15-65, Mississippi Code of 1972 .
Miss. Code Ann. § 69-10-13 — MS Code / Title 69 / Chapter 9 / Section 10-13
Miss. Code Ann. § 69-10-13
Status: in_force

The State Tax Commission shall provide any information necessary to assist the Department of Agriculture and Commerce in collecting the assessments provided for in this chapter.
Miss. Code Ann. § 69-27-223 — MS Code / Title 69 / Chapter 5 / Section 27-223
Miss. Code Ann. § 69-27-223
Status: in_force

In the event of a tax levy being made to pay the purchase price of any equipment purchased under this article, the county shall not be authorized to purchase any additional equipment until enough money has been collected from the use of equipment already purchased, sufficient to pay back into the county treasury the full amount collected by such tax levy.
Miss. Code Ann. § 69-27-331 — MS Code / Title 69 / Chapter 5 / Section 27-331
Miss. Code Ann. § 69-27-331
Status: in_force

(1)(a) The State Soil and Water Conservation Commission, subject to the restrictions provided in Sections 69-27-331 through 69-27-341 , is authorized to acquire and to make available, or to assist in acquiring or making available to soil and water conservation districts, heavy or specialized machinery or equipment deemed necessary for installation and implementation of soil and water conservation practices or measures.

(b) The heavy or specialized machinery or equipment purchased under this section may be either new or used. The commission may purchase used equipment through a duly licensed and authorized public auction of agricultural, heavy or specialized equipment as authorized under Section 31-7-13 .

(2) When the commission acquires or makes available to any district the machinery or equipment referred to in subsection (1) of this section, it shall require the district to fully amortize to the commission any amount so expended by the commission for such assistance. The amount and method of amortization for each piece of heavy or specialized machinery or equipment shall be determined by the commission in conjunction with the soil and water conservation district. In making this determination, the following shall be considered: (a) full amortization to the commission of the capital outlay for the machinery or equipment over the period of its reasonably anticipated full usefulness; and, when necessary (b) (i) cover the cost of operation, maintenance and repairs; (ii) pay the usual cost of providing an operator; (iii) compensate the district for the usual costs of transportation from one (1) job to another.

(3) In giving effect to all of the foregoing, the commission shall estimate the amount of time such machinery or equipment would ordinarily be idle.
Miss. Code Ann. § 69-15-115 — MS Code / Title 69 / Chapter 1 / Section 15-115
Miss. Code Ann. § 69-15-115
Status: in_force

Any person, firm or corporation violating any of the provisions of Article 5 of this chapter, or any of the rules and regulations of the Board of Animal Health, relative to the control and eradication of tuberculosis, anthrax, hog cholera, Texas and splenic fever and the fever-carrying tick (Margaropus annulatus), cattle brucellosis, anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea, cattle scabies, sheep scabies, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, equine infectious anemia and any suspected new and/or foreign diseases of livestock and poultry, and all other diseases of animals in this state, made and promulgated thereunder shall be subject to the provisions of Sections 69-15-53 through 69-15-69 .
Miss. Code Ann. § 69-7-665 — MS Code / Title 69 / Chapter 3 / Section 7-665
Miss. Code Ann. § 69-7-665
Status: in_force

(1) The commissioner is authorized to promulgate such rules and regulations as may be necessary for the efficient enforcement of this article.

(2) Before the issuance, amendment or repeal of any rule or regulation authorized by this article, the commissioner shall publish the proposed regulation, amendment or notice to repeal an existing regulation in a manner reasonably calculated to give interested parties adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the commissioner shall take appropriate action to issue the proposed rules or regulations or to amend or repeal an existing rule or regulation.
Miss. Code Ann. § 69-55-1 — MS Code / Title 69 / Chapter 1 / Section 55-1
Miss. Code Ann. § 69-55-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Agriculture Stabilization Act.”
Miss. Code Ann. § 69-27-17 — MS Code / Title 69 / Chapter 1 / Section 27-17
Miss. Code Ann. § 69-27-17
Status: in_force

Within sixty (60) days after a petition pursuant to Section 69-27-15 has been filed with the State Soil and Water Conservation Committee, it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity in the interest of public health, safety, and welfare, of the creation of such district, upon the question of the appropriate boundaries to be assigned to such district, upon the propriety of the petition and other proceedings taken under this article, and upon all questions relevant to such inquiries. All owners and all operators of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to such described territory, and all other interested parties, shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for inclusion in the district, and such further hearing held. After such hearing, if the committee shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination, and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. In making such determination and in defining such boundaries, the committee shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing water and land use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefit such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions, and to other soil and water conservation districts already organized or proposed for organization under the provisions of this article, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determinations set forth in Section 69-27-3 . The territory to be included within such boundaries need not be contiguous. If the committee shall determine after such hearing, after due consideration of the said relevant facts, that there is no need for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After twelve (12) months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon. If it be determined that there is no need for such soil and water conservation district, then in no event shall any expense or part thereof, incurred in connection with the hearing or other proceedings had to determine such question, be assessed against any landowner or other party except those landowners signing the original petition.
Miss. Code Ann. § 69-47-15 — MS Code / Title 69 / Chapter 8 / 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. § 69-25-13 — MS Code / Title 69 / Chapter 8 / Section 25-13
Miss. Code Ann. § 69-25-13
Status: in_force

For the purpose of carrying out the provisions of this article, the Commissioner of Agriculture and Commerce may employ, prescribe the duties of, and fix the compensation of, such inspectors and other employees as he may require and incur such expenses as may be necessary, within the limits of appropriations made by law. He shall cooperate with other departments, boards and officers of this state and of the United States as far as practicable.
Miss. Code Ann. § 69-7-407 — MS Code / Title 69 / Chapter 5 / Section 7-407
Miss. Code Ann. § 69-7-407
Status: in_force

The Commissioner of Agriculture and Commerce shall have authority and police power to enforce any and all regulations issued pursuant thereto.
Miss. Code Ann. § 69-53-7 — MS Code / Title 69 / Chapter 2 / Section 53-7
Miss. Code Ann. § 69-53-7
Status: in_force

(1) An agritourism professional must register with the Mississippi Department of Agriculture and Commerce on an annual basis. The registration shall contain information describing the agritourism activity that the agritourism professional conducts or intends to conduct and the location where the person conducts or intends to conduct such agritourism activity. Additionally, the agritourism professional must pay an annual fee in the amount of Fifty Dollars ($50.00) to the Department at the time of registration. There is established in the State Treasury a special fund for the Mississippi Department of Agriculture and Commerce for the monies collected under this section. Unexpended monies remaining in the fund at the end of the 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.

(2) The Department shall maintain a list of all registered agritourism professionals, the registered agritourism activities conducted by each professional, and the registered agritourism location where the professional conducts such activities. Such list shall be made available to the public. The Department, in conjunction with other agritourism and rural economic efforts, shall promote and publicize registered agritourism professionals, activities and locations to advance agritourism in the state. The Department assumes no legal liability by registering agritourism professionals, but merely serves to promote agritourism in the state.

(3) The Department shall adopt guidelines to carry out the intent of this chapter.
Miss. Code Ann. § 69-27-67 — MS Code / Title 69 / Chapter 2 / 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. § 69-26-6 — MS Code / Title 69 / Chapter 1 / Section 26-6
Miss. Code Ann. § 69-26-6
Status: in_force

The department, agency or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the Compact shall have credited to his account, in the state treasury the amount or amounts of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof.
Miss. Code Ann. § 69-15-305 — MS Code / Title 69 / Chapter 8 / Section 15-305
Miss. Code Ann. § 69-15-305
Status: in_force

The State Veterinarian shall appoint the necessary number of local state inspectors and range riders to assist the counties in systematic tick eradication, who shall be commissioned by the Board of Animal Health as livestock inspectors. The salaries of said inspectors and range riders shall be fixed by the Board of Animal Health and shall be sufficient to insure the employment of competent men. If the services of any of said inspectors or range riders is not satisfactory to the State Veterinarian, his services shall be immediately discontinued, and the decision of the state veterinarian, after confirmation by the board, shall be final without recourse and the commission of said inspector shall be cancelled. The salaries of said inspectors shall be paid from funds at the disposal of the Board of Animal Health, drawn by secretary and approved by chairman.
Miss. Code Ann. § 69-37-21 — MS Code / Title 69 / Chapter 9 / Section 37-21
Miss. Code Ann. § 69-37-21
Status: in_force

(1) If any referendum conducted under this chapter fails to receive the required number of affirmative votes, the bureau, at the request of the corporation, shall be authorized to call other referenda.

(2) After the passage of any referendum, the eligible voters may be allowed, by subsequent referenda to be held upon recommendation of the corporation, to vote on whether to continue with the program and/or to modify the assessment fee. However, before any referendum is held proposing any modifications of the assessment, the corporation must submit its recommendation to the commissioner for approval. Upon petition by twenty percent (20%) of all eligible voting cotton growers within the state, the corporation shall be required to conduct a subsequent referendum on the question called in the petition, provided that the corporation is required to hold no more than one (1) petitioned referendum during any given calendar year. All the requirements for an initial referendum must be met in any subsequent referenda. The results of the referendum, along with annual audits of all monies expended on programs affected by the referendum, shall be reported each year to the Lieutenant Governor, the Speaker of the House of Representatives and the Chairmen of the Senate Agriculture Committee and the House of Representatives Agriculture Committee.

(3) It is the intent of the Legislature that the cost of the containment/maintenance phase of the boll weevil eradication program be borne by the producers, and that any subsequent debt incurred by the program be funded by subsidies, loans and grants from the federal government and other sources.

(4) No assessment under any subsequent referendum for a containment/maintenance program may exceed Twelve Dollars ($12.00) an acre, and it shall be incumbent upon the Mississippi Boll Weevil Management Corporation to levy only that amount necessary to ensure the financial stability of the eradication program.
Miss. Code Ann. § 69-21-109 — MS Code / Title 69 / Chapter 10 / Section 21-109
Miss. Code Ann. § 69-21-109
Status: in_force

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

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

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

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

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

(6) The department may cooperate with or enter into formal cooperative agreements with any public or private agency or educational institution of this state or any other state or federal agency for the purpose of carrying out the provisions of this article.
Miss. Code Ann. § 69-10-1 — MS Code / Title 69 / Chapter 2 / Section 10-1
Miss. Code Ann. § 69-10-1
Status: in_force

The purpose of this chapter is to promote the growth and development of the rice industry in Mississippi by research, advertisement promotions and education and market development, thereby promoting the general welfare of the people of this state.
Miss. Code Ann. § 69-8-1 — MS Code / Title 69 / Chapter 8 / 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. § 69-13-103 — MS Code / Title 69 / Chapter 9 / Section 13-103
Miss. Code Ann. § 69-13-103
Status: in_force

The commissioner of public safety shall be placed in charge of and be responsible for the taking up and impounding of livestock found on the highways or highway right-of-ways described in Section 69-13-101 . The commissioner of public safety is authorized, in his discretion, to secure the services of any person or persons residing in the respective counties of the state where he deems it necessary or advisable, other than an elected county officer, who shall assist the highway safety patrol in taking up such loose livestock and impounding the same in a private enclosure, which the private individual provides, without any cost to the state, such an individual being paid solely from the fees and assessments hereinafter provided against any such livestock. The commissioner of public safety, in the alternative, may require that such livestock be impounded in an enclosure, in the event the board of supervisors of that county has provided such an enclosure for that purpose.

A private individual hired by the commissioner of public safety to pick up loose livestock may not pick up such livestock off the highways and highway right-of-ways unless a state highway patrolman, or a sheriff or his deputy, or a constable, or some other law enforcement officer is present at the time such livestock is picked up.

The board of supervisors of each county within the State of Mississippi may, in its discretion, make provision for the care of animals so taken up and impounded under the provisions of this article and all county officers and law enforcement officers are directed to give full cooperation to the highway safety patrol in carrying out the provisions of this article.
Miss. Code Ann. § 69-55-9 — MS Code / Title 69 / Chapter 1 / Section 55-9
Miss. Code Ann. § 69-55-9
Status: in_force

The Department of Agriculture and Commerce shall report on the utilization of the programs to the Chair of the Agriculture Committees of the Senate and the House of Representatives, the Lieutenant Governor, the Speaker of the House and the Governor by December 15, 2020. At a minimum, the report shall contain:

(a) The name of each grant participant; and

(b) The total amount of payment received by each participant.
Miss. Code Ann. § 69-25-211 — MS Code / Title 69 / Chapter 9 / Section 25-211
Miss. Code Ann. § 69-25-211
Status: in_force

(1)(a) The commissioner or the commissioner's designee may enter, at reasonable times, upon any public or private property at which hemp is being cultivated or processed for the purpose of determining compliance with this chapter and rules adopted under it. The Director of the Bureau of Plant Industry may apply for, and any judge of a court of competent jurisdiction, may issue a search warrant as is necessary to achieve the purposes of this chapter relating to things, property or places within the court's territorial jurisdiction.

(b) If the commissioner or the commissioner's designee determines that emergency conditions exist requiring immediate action necessary to protect public health or safety of the environment, the commissioner or the commissioner's designee may issue an order stating the existence of such conditions and requiring specific actions be taken to mitigate those conditions without providing prior notice or an adjudication hearing.

(c) Any person to whom such an order is issued shall immediately comply with that order, and may apply to the Director of the Bureau of Plant Industry for an adjudication hearing. Upon receiving an application for an adjudication hearing, the director shall hold the hearing as soon as practicable and not later than thirty (30) days after receipt of the application. On the basis of the hearing, the director shall continue the order in effect, revoke it, or modify it.

(d) In addition to any other available remedies, the commissioner or the Mississippi Attorney General may apply to the circuit court in the county where any provision of this chapter or an order issued under paragraph (b) of this subsection is being violated for an injunction restraining any person from continuing the violation.

(e) An employee of the state or any division, agency, institution thereof involved in the administration and/or enforcement of this article, shall not be subject to prosecution for violations related to possession or transportation of hemp or cannabis in conjunction with the employee's duties arising under this chapter.

(2) In addition to any other liability or penalty provided by law, the department may revoke or refuse to issue or renew a hemp grower license or hemp processor registration and may impose a civil penalty for violations of:

(a) A license or registration requirement;

(b) License or registration terms or conditions;

(c) Department rules and regulations relating to growing or processing hemp; or

(d) A final order of the department that is specifically directed to the grower's or processor's hemp operations or activities.

(3) The department may impose administrative penalties for violations under this section in accordance with Section 69-25-51 .
Miss. Code Ann. § 69-47-25 — MS Code / Title 69 / Chapter 1 / Section 47-25
Miss. Code Ann. § 69-47-25
Status: in_force

(1) The department shall establish a fee schedule for application, inspection and annual certification fees. The fee schedule shall be provided to all persons inquiring about the application process.

(2) Producers and processors participating in the department's organic certification program will be charged an inspection fee and an annual certification fee. Retailers and distributors shall be charged an application fee for the initial inspection conducted by the department in accordance with this chapter and the regulations.
Miss. Code Ann. § 69-8-5 — MS Code / Title 69 / Chapter 3 / Section 8-5
Miss. Code Ann. § 69-8-5
Status: in_force

(1) The Mississippi Beef Industry Council is created and shall be composed of eighteen (18) members as follows:

(a) Seven (7) members appointed by the Mississippi Cattlemen's Association, of whom one (1) shall be a meat scientist or a meat packer;

(b) One (1) member appointed by the Mississippi Cattlewomen's Association;

(c) Five (5) members appointed by the Mississippi Farm Bureau Federation, of whom one (1) shall be a dairy farmer and one (1) shall be a beef retailer;

(d) Five (5) members appointed by the Mississippi Livestock Marketing Association.

(2) Within thirty (30) days after the levy of the national beef promotion and research program established by the “Beef Promotion and Research Act of 1985” is finally adjudicated unconstitutional, each organization shall select its members to serve on the council. The members of the council shall meet and organize after their appointment and shall select a chairman, vice chairman and secretary-treasurer from the membership of the council. The council may establish rules and regulations for the administration of the duties of the council. The minutes of the council shall reflect the votes taken by the council concerning any contracts for projects of research, education, advertisement or promotion of the beef industry.

(3) The chairman, vice chairman and secretary-treasurer shall be bonded in an amount not less than Twenty Thousand Dollars ($20,000.00). The cost of the bonds shall be paid from the funds received under this chapter.
Miss. Code Ann. § 69-15-315 — MS Code / Title 69 / Chapter 8 / Section 15-315
Miss. Code Ann. § 69-15-315
Status: in_force

If the board of supervisors shall fail, refuse or neglect to comply with the provisions of this article, the state veterinarian or an authorized agent of the State Veterinarian, shall apply to any court of competent jurisdiction for a writ of mandamus or shall institute such other proceedings as may be necessary and proper to compel such county boards of supervisors to comply with the provisions of this article applying to them.
Miss. Code Ann. § 69-1-18 — MS Code / Title 69 / Chapter 1 / Section 1-18
Miss. Code Ann. § 69-1-18
Status: in_force

(1) The following words and phrases shall have the meanings ascribed herein unless the context clearly requires otherwise:

(a) “ Potentially hazardous food ” means a food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting: the growth of infectious or toxigenic microorganisms; the growth and toxin production of Clostridium botulinum; or in raw shell eggs, the growth of salmonella enteritis. “Potentially hazardous food” includes an animal food (of animal origin) that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; and cut melons.

(b) “ Micro market ” means an unattended, self-checkout retail establishment that utilizes an automated payment system; is located in the interior of a building that is generally not accessible by the general public, with limited access and use to a defined population; and

(i) Offers for sale only commercially, tamper-evident packaged food and beverages properly labeled for individual retail sale and acquired from a source approved by the United States Food and Drug Administration or an appropriate state government agency; whole, uncut, raw fruits and vegetables; such other food and beverages as may be authorized in the Food Code, as adopted by the Department of Agriculture and Commerce; and any other food and beverages not otherwise subject to any required on-site inspection;

(ii) Has no on-site food preparation except for the heating or reheating of food in a microwave oven;

(iii) May utilize beverage dispensers which provide individual servings; and

(iv) May utilize refrigeration and freezer units.

(c) “ Vending Machine ” means a self-service machine that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses servings of food in bulk or in packages, or prepared by the machine, without the necessity of replenishing the machine between each vending operation.

(d) “ Retail food establishment ” means any establishment where food and food products are offered for sale to the ultimate consumer and intended for off-premise consumption. Such food or food products may be exposed to varying degrees of preparation and may often need further preparation or processing after it has been purchased. A retail food establishment does not include:

(i) An establishment that offers only prepackaged foods that are not potentially hazardous;

(ii) A produce stand that only offers whole, uncut fresh fruits and vegetables;

(iii) A food processing plant;

(iv) A food establishment as defined by the Mississippi State Department of Health;

(v) A micro market; and

(vi) A vending machine.

(2) The commissioner and his agents shall have the authority:

(a) To promulgate rules and regulations establishing certain sanitation requirements for retail food establishments;

(b) To conduct sanitation inspections in retail food establishments; and

(c) To publish the names and addresses of violators and such information pertaining to violation(s) of this section as he deems appropriate.

(3) Each retail food establishment, before engaging in business, shall obtain a license from the commissioner. Owners of more than one (1) retail food establishment must obtain a license for each establishment. A license fee of Ten Dollars ($10.00) must be paid to the department before a license will be issued. Application for such license shall be made on forms prescribed and furnished by the commissioner. Licenses issued under this subsection by the commissioner shall expire on June 30 each year and application for renewals thereof shall be made annually before the expiration date. Licenses shall not be transferable and application must be made for a new license if there is any change in location or ownership of the business.

(4) Any person who violates any provision of this law or the regulations adopted hereunder shall be guilty of a misdemeanor, and, upon conviction, shall be punished by the imposition of a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term not to exceed six (6) months, or both.

(5) The commissioner may impose administrative penalties for violation of this section.

(6) Any person found by the commissioner to be in violation of this section may be assessed a penalty in an amount of not more than Five Hundred Dollars ($500.00) and subsequent violations within a six-month period at a penalty of not more than One Thousand Dollars ($1,000.00). In addition to, or in lieu of, such penalties the commissioner may suspend or revoke the permit issued to such person under terms of this section.

(7) When any violation of this section or the rules and regulations promulgated hereunder occurs, or is about to occur, that presents a clear and present danger to the public health, safety or welfare requiring immediate action, the commissioner or any of the department's field inspectors, or any other persons authorized by the commissioner, may issue an order to be effective immediately before notice and a hearing, that imposes any or all of the following penalties against the accused: (a) a stop sale order on any product in violation of this section; (b) an order to seize any product that is not in compliance with this section and require it to be denatured or destroyed under the supervision of the department's inspectors; or (c) an order that the retail food establishment or any department within such establishment cease operations until it is in compliance with this section. The order shall be served upon the accused in accordance with Rule 4 of the Mississippi Rules of Civil Procedure or certified mail or it may be served by giving a copy of the order to the manager of the retail food establishment or, where no manager is present, an employee of the establishment. The accused shall then have twenty (20) days after service of the order upon him within which to request an informal administrative review before the Director of the Bureau of Regulatory Services in the department, or the director's designee, who shall act as reviewing officer. If the accused makes such a request within such time, the reviewing officer shall provide an informal administrative review to the accused within ten (10) days after such request is made. If the accused does not request an informal administrative review within twenty (20) days, then he shall have waived his right to such review. At the informal administrative review, there shall be no court reporter or record made of the proceedings. Each party may present its case in the form of documents, oral statements or any other method. The rules of evidence shall not apply. The reviewing officer's decisions shall be in writing, and it shall be delivered by certified mail. If the accused is aggrieved by the order of the hearing officer, he may appeal to the commissioner for a full evidentiary hearing. Such appeal shall be perfected by filing a notice of appeal with the commissioner within thirty (30) days after the order of the reviewing officer is served on the appealing party. The hearing before the commissioner or his designee shall be held within a reasonable time after the appeal has been perfected. Failure to perfect an appeal within the allotted time shall be deemed a waiver of such right.
Miss. Code Ann. § 69-35-17 — MS Code / Title 69 / Chapter 3 / Section 35-17
Miss. Code Ann. § 69-35-17
Status: in_force

If in such referendum called under the provisions of this act a simple majority of the bulk tank units eligible to participate and voting therein shall vote in the affirmative and in favor of the levying and collection of such assessment proposed in such milk referendum covered thereby, then such assessment shall be collected in the manner determined and announced by the state ADA.
Miss. Code Ann. § 69-21-117 — MS Code / Title 69 / Chapter 8 / Section 21-117
Miss. Code Ann. § 69-21-117
Status: in_force

(1) Any person who is a nonresident of this state and who intends to perform agricultural aircraft operations in this state as an applicator or pilot shall obtain the appropriate applicator's or pilot's license under this article and comply with all the other licensing requirements for a resident licensee. Nonresident applicators shall also designate and maintain a resident agent in this state for service of process.

(2) Any person who is duly licensed as an agricultural aviation pilot in another state, whose requirements for licensure as an agricultural aviation pilot are at least equal to those of this state, may be granted an agricultural aviation pilot's license by this state upon the submission of the required application, provided the laws of the state from which the applicant comes grant similar privileges to applicants from this state. The department is authorized to enter into a reciprocity agreement with any state meeting the qualifications of this subsection.
Miss. Code Ann. § 69-1-25 — MS Code / Title 69 / Chapter 1 / Section 1-25
Miss. Code Ann. § 69-1-25
Status: in_force

(1) The State Commissioner of Agriculture and Commerce, the Governor and the Attorney General of the State of Mississippi, are hereby authorized and empowered, in their discretion, to protect the welfare of the people of the State of Mississippi by guaranteeing that seeds, feeds, fertilizers, bulbs, vegetables, or any and all other product of farm, grove, forest, garden and minerals, including but not limited to coal and lime, coming into the State of Mississippi meet the proper standards, in accordance with the laws of the State of Mississippi and rules and regulations drawn by the State Commissioner of Agriculture and Commerce, with the approval of the Attorney General, governing the labeling as to net weight, source of origin, purity, and grade thereof. In the case of coal or lime, the State Commissioner of Agriculture and Commerce, with the approval of the Attorney General, may promulgate rules and regulations setting up a form or forms to be used in guaranteeing the net weight at the point of delivery, to be weighed on approved scales in the presence of the purchaser.

(2) Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not exceeding five hundred dollars ($500.00) or imprisonment in the county jail not exceeding six months, or both, and each sale of any such goods or products without meeting the requirements of this section shall constitute a separate offense.
Miss. Code Ann. § 69-27-369 — MS Code / Title 69 / Chapter 8 / Section 27-369
Miss. Code Ann. § 69-27-369
Status: in_force

(1) The Soil and Water Conservation Commission is hereby authorized to retain all funds generated from the sale of equipment. Any funds made available from the sale of equipment shall be deposited into the special fund in the State Treasury to the credit of the Soil and Water Conservation Commission and shall be used solely for the purpose of purchasing equipment.

(2) Sales of equipment may be made by the Soil and Water Conservation Commission by any lawful method, including public auction. The Department of Audit shall adopt rules and regulations governing any sale conducted by public auction.
Miss. Code Ann. § 69-7-753 — MS Code / Title 69 / Chapter 1 / Section 7-753
Miss. Code Ann. § 69-7-753
Status: in_force

There is created in the Department of Agriculture and Commerce a Food Products Certification Office. This office shall establish grading and certification processes for fruits, vegetables and nuts. This office shall also establish regulations and procedures to determine whether a product is produced or processed, or both, in Mississippi. The Food Products Certification Office shall be responsible for:

(a) Inspecting, grading and certifying fruits, vegetables and nuts;

(b) Coordinating and developing markets for Mississippi farmers who produce fruits, vegetables and nuts;

(c) Managing or assisting in the management of the vegetable marketing sheds; and

(d) Assisting farmers in the production of fruits and vegetables with the greatest market demand that are most adaptable to each production area.
Miss. Code Ann. § 69-7-263 — MS Code / Title 69 / Chapter 5 / Section 7-263
Miss. Code Ann. § 69-7-263
Status: in_force

There is hereby imposed and levied an assessment at a rate not to exceed Three Cents (3¢) per case on all eggs produced in Mississippi wherever distributed or marketed and on all eggs marketed in Mississippi wherever distributed or produced. The rate of assessment shall be determined by the board. At the time of the sale, the egg producer shall provide evidence that all assessments provided herein have been paid. However, if the first sale of the eggs is made to a dealer or distributor, the producer shall pay to the dealer or the distributor the amount of the assessment owed; whereupon the dealer or distributor to whom such payment is made shall remit the assessment to the Commissioner of Agriculture and Commerce in accordance with the rules and regulations established and promulgated by the board. The board or the commissioner shall have the power to cause any duly authorized agent or representative to enter upon the premises of any dealer or handler of eggs and examine, or cause to be examined by such agent, any books, papers and records which deal in any way with respect to the payment of the assessment or enforcement of the provisions of this article.

All costs incurred by the board or the commissioner in examining or causing the examination of such books, papers and records shall be taxed against the dealer or handler. Cost shall be assessed at the rate of One Hundred Dollars ($100.00) per day or fraction thereof for each agent conducting the examination. Travel expenses shall be assessed in the manner and amount specified in Section 25-3-41 , and other expenses shall be assessed at actual cost. All costs taxed against a dealer or handler for the examination of books, papers and records shall be paid within fifteen (15) days from the date such notice of cost is mailed to the dealer or handler.

The proceeds of the assessment levied under this article shall be collected by the Commissioner of Agriculture and Commerce in such manner and method as shall be prescribed by him in accordance with the provisions of this article. The funds derived from the assessment shall be paid into the State Treasury on or before the fifteenth day of each month and shall be deposited in a special fund in the State Treasury, which shall be established by the State Treasurer to the credit of the Mississippi Egg Marketing Board, and such funds shall be used by the board solely for the administration of this article. All costs, expenses and obligations incurred by the board for its operation and carrying out the purposes of this article shall be paid out of the special fund herein provided for after expenditures thereof shall have been authorized by the Legislature. Provided further, that the Mississippi Egg Marketing Board shall render to the Mississippi Legislature a detailed annual report of all collections and expenditures of the moneys collected under the provisions of this article. Any egg producer may request and receive a refund of the amount of assessment paid for the previous reporting period, provided he makes a written application with the Mississippi Egg Marketing Board within sixty (60) days from date of payment supported by bona fide copy of payment voucher and copy of canceled check. The application forms shall be prepared by the board and shall be available at the request of the producer. All such applications shall be processed and refunds paid within sixty (60) days after the funds have been received by the board.
Miss. Code Ann. § 69-23-113 — MS Code / Title 69 / Chapter 9 / Section 23-113
Miss. Code Ann. § 69-23-113
Status: in_force

Any nonresident commercial applicator applying for a license under Sections 69-23-101 through 69-23-135 to operate in the state shall file a written power of attorney designating the Secretary of State as the agent of such nonresident upon whom service of process may be had in the event of any suit against the nonresident person, and such power of attorney shall be prepared and in such form as to render effective the jurisdiction of the courts of this state over such nonresident applicant. Any nonresident who has a duly appointed resident agent upon whom process may be served as provided by law shall not be required to designate the Secretary of State as such agent. The Secretary of State shall be allowed such fees therefor as provided by law for designating resident agents. The commissioner shall be furnished with a copy of such designation of the Secretary of State or of a resident agent, such copy to be duly certified by the Secretary of State.
Miss. Code Ann. § 69-3-1 — MS Code / Title 69 / Chapter 3 / Section 3-1
Miss. Code Ann. § 69-3-1
Status: in_force

Wherever the following terms or similar terms are used in this article, they shall have the following meanings, unless the context clearly indicates otherwise:

(a) “ Advertisement ” means all representations made by the labeler, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this article.

(b) “ Agricultural seeds ” means the seed of grass, forage, cereal and fiber crops, lawn seed, and any other kinds of seed, including transgenic seeds, recognized within this state as agricultural or field seeds, and mixtures of such seeds.

(c) “ Bulk ” or “ in bulk ” means seed when loose either in vehicles of transportation, bins, cribs or tanks, and not seed in bags, boxes, cartons, bulk/super bags or other containers.

(d) “ Certified seed ,” “ registered seed ” and “ foundation seed ” mean seed that has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an official certifying agency authorized by the laws of this state or the laws of another state or country.

(e) “ Commercial grower ” means a person, firm or corporation engaged primarily in the production of seed for planting purposes for sale or trade.

(f) “ Commissioner ” means the Commissioner of Agriculture and Commerce of the State of Mississippi.

(g) “ Commission merchant ” or “ agent ” means a person, firm or corporation engaged in the selling of packet seed of less than four (4) ounces to consumers.

(h) “ Consumer ” means any person who purchases or otherwise obtains seed for sowing but not for resale.

(i) “ Council ” means the seed arbitration council created under Section 63-3-20. 1

(j) “ Date of test ” means the month and year the percentage of germination appearing on the label was obtained by laboratory test.

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

(l) “ Federal Seed Act ” means the laws codified at 7 USCS 1551 et seq., and all regulations promulgated thereunder.

(m) “ Firm ungerminated seed ” means live seed, other than hard seed, which neither germinate nor decay during the period and under the conditions prescribed for germination of such seed by the rules and regulations promulgated pursuant to provisions of this article.

(n) “ Flower seed ” means the seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, including transgenic seeds, and commonly known and sold under the name of flower seeds in this state.

(o) “ Hybrid ” means the first generation seed of a cross produced by controlling the pollination and combining: (i) two (2) or more inbred lines; or (ii) one (1) inbred line or a single cross with an open-pollinated variety; or (iii) two (2) varieties or species, except open-pollinated varieties of corn. The second generation and subsequent generations of such crosses shall not be regarded as hybrids.

(p) “ Kind ” means one or more related species or subspecies which singly or collectively is known by one (1) common name; for example: soybeans, crimson clover, striate lespedeza, tall fescue.

(q) “ Label ” means the display or displays of written, printed or graphic matter upon or attached to the container of seed pertaining to the contents of the container.

(r) “ Labeler ” means the person, firm, corporation or the registered code number whose name appears on the label or container of seed.

(s) “Labeling” includes all labels and other written, printed or graphic representations made by the labeler accompanying and pertaining to the seed product whether in bulk or in containers, and any product use guides for the technology of the seed, that may be distributed in any manner including representations on invoices except for current official publications of the United States Department of Agriculture, state extension services, state experiment stations, state agricultural colleges and other similar federal or state institutions or agencies authorized by law to conduct research.

(t) “ Lot of seed ” means a definite quantity of seed identified by a lot number or other identification mark, every portion or bag of which is uniform for the factors which appear on the label, within permitted tolerances.

(u) “ Mixed ” or “ mixture ” means seeds consisting of more than one (1) kind, or kind and variety, or strain, each present in excess of five percent (5%) of the whole.

(v) “ Official certifying agency ” means an agency authorized or recognized and designated as a certifying agency by the laws of a state, the United States, a province of Canada, or the government of a foreign country.

(w) “ Origin ” means the state, District of Columbia, Puerto Rico, or possessions of the United States, or the foreign country where the seeds were grown.

(x) “ Processing ” means cleaning, scarifying, blending or treating to obtain uniform quality and other operations which would change the purity or germination of the seed and therefore require retesting to determine the quality of the seed.

(y) “ Product use guide ” means any written information prepared by the labeler and distributed to the consumer, containing specific information concerning a seed product or a technology.

(z) “ Prohibited noxious weed seed ” means the seeds of weeds that reproduce by seed, and/or spread by underground roots or stems, and which, when established, are highly destructive and difficult to control in this state by ordinary good cultural practice, or constitute a peculiar hazard to the agriculture of this state.

(aa) “Pure seed,” “germination,” “other crop seed,” “inert matter” and other seed labeling and testing terms in common usage not defined herein are defined as in the Federal Seed Act and the rules and regulations promulgated under that act.

(bb) “ Recognized professional ” means a person who is a licensed consultant, a certified crop advisor or any other person recognized by the arbitration council to be qualified to provide expert advise and opinion on seed performances.

(cc) “ Restricted noxious weed seed ” means the seeds of weeds that are particularly objectionable in fields, lawns or gardens of this state, but which can ordinarily be controlled by good cultural practice.

(dd) “ Seed record ” means information which relates to the origin, treatment, germination and purity of each lot of agricultural seed sold, offered or exposed for sale in this state, or which relates to the treatment, germination and variety of each lot of vegetable, flower, or tree and shrub seed sold, offered or exposed for sale in this state. Such information includes seed samples and records of declarations, labels, purchases, sales, cleaning, bulking, handling, storage, analyses, tests and examinations.

(ee) “ Seedsman ” means a person, firm or corporation engaged in the buying, selling or exchanging, offering or exposing for sale agricultural seeds or mixtures thereof, vegetable, flower, tree and shrub seeds as defined in this article.

(ff) “ Stop sale order ” means any written or printed notice or order given or issued by the commissioner or his authorized agents to the owner or custodian of any lot of agricultural, vegetable, flower, or tree and shrub seeds in this state, directing such owner or custodian not to sell, offer or expose such seeds for sale for planting purposes within this state until requirements of this article shall have been complied with and a written release has been issued.

(gg) “ Strain ” means the subdivision of a variety; for example: Clemson nonshattering soybeans, Strain 4.

(hh) “ Treated ” means that the seed has been given an application of a substance or subjected to a process designed to control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings grown therefrom to improve its planting value or to serve any other purpose.

(ii) “ Tree and shrub seeds ” means the seeds of woody plants, including transgenic seeds, commonly known and sold as tree and shrub seeds in this state.

(jj) “ Tolerance ” means the allowance for sampling variation specified under rules and regulations promulgated pursuant to the provisions of this article.

(kk) “ Transgenic seed ” means seed from a plant whose genetic composition has been altered by methods other than those used in conventional plant breeding to produce seed that contains selected genes from other plants or species that will produce results such as herbicide tolerance, or resistance, insect tolerance, or resistance, or other traits derived from biotechnology.

(ll) “ Variety ” means a subdivision of a kind which is characterized by growth, plant, fruit, seed or other characteristics by which it can be differentiated in successive generations from other sorts of the same kind; for example: Lee soybeans, Frontier crimson clover, Kobe striate lespedeza, Kentucky 31 tall fescue.

(mm) “ Vegetable seeds ” means the seeds of those crops which are grown in gardens or on truck farms, including transgenic seeds, and are generally known and sold under the name of vegetable seeds in this state.

(nn) “ Weed seed ” means the seeds, bulblets or tubers of all plants generally recognized as weeds within the state and includes noxious weed seeds.

(oo) “ Wholesale distributor ” means a person, firm or corporation engaged in the selling of seed to a seedsman holding a permit as required by subsection (1)(c) of Section 69-3-3 .
Miss. Code Ann. § 69-27-31 — MS Code / Title 69 / Chapter 3 / Section 27-31
Miss. Code Ann. § 69-27-31
Status: in_force

Within thirty (30) days after the date of issuance by the Secretary of State of a certificate of organization of a soil and water conservation district, nominating petitions may be filed with the State Soil and Water Conservation Committee to nominate candidates for commissioners of such district. The committee shall have authority to extend the time within which nominating petitions may be filed. No such nominating petition shall be accepted by the committee unless it shall be subscribed by twenty-five (25) or more owners of lands lying within the boundaries of such district. Landowners may sign more than one such nominating petition to nominate more than one candidate for commissioner but in no event shall a landowner sign more than three (3) such nominating petitions. The committee is hereby authorized to enact and implement rules to provide that not more than one commissioner shall be a resident of any one county or supervisors district, unless there is no person qualified and willing to serve in another county or supervisors district. The committee shall give due notice of an election to be held for the election of three (3) commissioners for the district. The names of all nominees, on behalf of whom such nominating petitions have been filed within the time herein designated, shall appear, arranged in alphabetical order of the surnames, upon ballots, with a square before each name and a direction to insert an X mark in the square before any three (3) names to indicate the voter's preference. All owners of lands lying within the district shall be eligible to vote in such election. Only such landowners shall be eligible to vote. The three (3) candidates who receive a majority of the votes cast in such an election shall be elected commissioners for such district. In the event any candidate fails to receive a majority, then the candidates receiving the largest number of votes shall run off in an election to be held two (2) weeks thereafter. The committee shall pay all the expenses of such elections, shall supervise conduct thereof, shall prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein, and shall publish the results of same.
Miss. Code Ann. § 69-31-15 — MS Code / Title 69 / Chapter 5 / Section 31-15
Miss. Code Ann. § 69-31-15
Status: in_force

Any person who uses or causes to be used a moisture-measuring device in commerce with the knowledge that such device has not been inspected and approved by the department, in accordance with the provisions of this chapter, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment.
Miss. Code Ann. § 69-27-345 — MS Code / Title 69 / Chapter 3 / Section 27-345
Miss. Code Ann. § 69-27-345
Status: in_force

The State Soil and Water Conservation Commission is authorized, at one time or from time to time, to declare by resolution the necessity for issuance of negotiable general obligation bonds of the State of Mississippi to provide funds for the revolving fund established in Section 69-27-343 . Upon the adoption of a resolution by the commission, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by Sections 69-27-345 through 69-27-365 , the commission shall deliver a certified copy of its resolution or resolutions to the State Bond Commission. Upon receipt of same, the State Bond Commission, in its discretion, shall act as the issuing agent, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The amount of bonds issued under Sections 69-27-345 through 69-27-365 shall not exceed Five Hundred Thousand Dollars ($500,000.00) in the aggregate.
Miss. Code Ann. § 69-23-25 — MS Code / Title 69 / Chapter 10 / 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. § 69-7-269 — MS Code / Title 69 / Chapter 1 / Section 7-269
Miss. Code Ann. § 69-7-269
Status: in_force

No egg producer with over three thousand (3,000) hens nor any egg handler or dealer shall sell or offer for sale any lot of eggs produced, distributed or marketed in Mississippi upon which the assessment imposed herein has not been paid. The assessment imposed herein shall be paid at such time or times as is fixed by the board. In the event such assessment is paid by any dealer who is not a producer, the dealer may bill the producer of such eggs in the amount of the assessment paid by him.
Miss. Code Ann. § 69-7-257 — MS Code / Title 69 / Chapter 3 / Section 7-257
Miss. Code Ann. § 69-7-257
Status: in_force

Except for the collections of the proceeds of the assessment levied hereunder, which shall be collected by the Commissioner of Agriculture and Commerce, the administration of this article shall be vested in the Mississippi Egg Marketing Board. The board shall prescribe reasonable rules and regulations for the enforcement of the provisions of this article.
Miss. Code Ann. § 69-24-19 — MS Code / Title 69 / Chapter 8 / Section 24-19
Miss. Code Ann. § 69-24-19
Status: in_force

No person shall distribute a misbranded soil or plant amendment. A soil or plant amendment shall be deemed to be misbranded if:

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

(b) if it is distributed under the name of another soil or plant amendment;

(c) if it is not labeled as required in Sections 69-24-7 and 69-24-9 and in accordance with regulations prescribed under this chapter;

(d) if it purports to be or is represented as a soil or plant amendment or represented as containing a soil or plant amendment, unless such soil or plant amendment conforms to the definitions of identity, if any, prescribed by regulation. In the adopting of such regulations, the commissioner and State Chemist shall give due regard to commonly accepted definitions and official terms such as those issued by the Association of American Plant Food Control Officials; or

(e) if it does not conform to ingredient form, minimums, labeling and investigational allowances in the regulations adopted by the commissioner and State Chemist.
Miss. Code Ann. § 69-37-37 — MS Code / Title 69 / Chapter 9 / Section 37-37
Miss. Code Ann. § 69-37-37
Status: in_force

This chapter shall be extended to include all other cotton pest species upon recommendation of the corporation.
Miss. Code Ann. § 69-11-11 — MS Code / Title 69 / Chapter 3 / Section 11-11
Miss. Code Ann. § 69-11-11
Status: in_force

The commissioner, the state veterinarian or any authorized employee of the department of agriculture and commerce shall have power and authority to enter upon any private or public property for the purpose of inspecting and investigating conditions relating to the feeding of swine to determine whether the requirements of this chapter are or are not being complied with and to inspect such premises for the purpose of eradicating and controlling contagious and infectious diseases of swine.
Miss. Code Ann. § 69-25-105 — MS Code / Title 69 / Chapter 8 / Section 25-105
Miss. Code Ann. § 69-25-105
Status: in_force

The Mississippi Department of Agriculture and Commerce, its agents and employees, shall have authority to enter any depot, express office, storeroom, warehouse or premises for the purpose of inspecting any honey bees or beekeeping fixtures or appliances therein or thought to be therein, for the purpose of ascertaining whether said bees or fixtures are infected with any contagious or infectious disease or parasite or which they may have reason to believe are Africanized bees or have been or are being transported in violation of any of the provisions of this article.

The said department through its agents or employees may require the removal from this state of any honey bees or beekeeping fixtures which have been brought into the state in violation of the provisions of this article, or if finding any honey bees or fixtures infected with any contagious or infectious disease or parasite or if finding that such bees are Africanized or if such bees or fixtures have been exposed to danger of infection by such diseases, may require the destruction, treatment or disinfection of such infected or exposed bees, hives, fixtures or appliances.
Miss. Code Ann. § 69-39-9 — MS Code / Title 69 / Chapter 5 / Section 39-9
Miss. Code Ann. § 69-39-9
Status: in_force

Every manufacturer or distributor who sells, offers for sale, exposes for sale, distributes or solicits orders for sale of any agricultural liming material to a distributor, retailer or farmer in the State of Mississippi, before selling or offering such agricultural liming material for sale or distributing or soliciting orders for sale shall secure a permit from the commissioner to engage in such business. Permit applications for each office or place of business in the State of Mississippi of such manufacturer or distributor shall be submitted upon forms prescribed by the commissioner. Such permit applications shall contain the name and address of the manufacturer or distributor and such other information as may be required by the commissioner for the effective enforcement of the provisions of this chapter and rules and regulations which may be adopted under Section 69-39-13 .
Miss. Code Ann. § 69-27-311 — MS Code / Title 69 / Chapter 3 / Section 27-311
Miss. Code Ann. § 69-27-311
Status: in_force

The commission shall have the following powers and duties to implement the provisions of the Mississippi Soil and Water Cost-Share Program:

(a) To determine which approved practices shall be eligible for cost-share assistance;

(b) To establish maximum sums and cost-share rates which any one eligible landowner or land operator may receive for implementation of an approved practice;

(c) To review periodically the costs of establishing conservation practices and to make such adjustment as, in the discretion of the commission, is necessary.

Upon request of the commission, the Attorney General of the State of Mississippi shall institute proper legal proceedings to recover any or all of the cost-share assistance provided an eligible landowner or land operator if the commission shall determine that the landowner or land operator failed to implement any portion of or all of the practice approved by the commission for such landowner or land operator, and if the commission determines that legal proceedings are necessary and proper.
Miss. Code Ann. § 69-9-5 — MS Code / Title 69 / Chapter 9 / Section 9-5
Miss. Code Ann. § 69-9-5
Status: in_force

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

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

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

(4) Each purchaser or the Commodity Credit Corporation shall keep a complete and accurate record of all soybeans handled by him and shall furnish each producer with a signed sales slip showing the number of bushels purchased from him and the amount deducted by him for the Mississippi Soybean Promotion Fund. Such records shall be in such form and contain such other information as the department shall by rule or regulation prescribe. The records shall be preserved by the purchaser for a period of two (2) years and shall be offered for inspection at any time upon oral or written demand by the department or any duly authorized agent or representative thereof. Every purchaser or the Commodity Credit Corporation, at such time or times as the department may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed in this chapter. The department shall have the power to cause any duly authorized agent or representative to enter upon the premises of any purchaser of soybeans and examine or cause to be examined by such agent only books, papers and records which deal in any way with the payment of the assessment or enforcement of the provisions of this chapter.
Miss. Code Ann. § 69-9-5 — MS Code / Title 69 / Chapter 2 / Section 9-5
Miss. Code Ann. § 69-9-5
Status: in_force

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

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

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

(4) Each purchaser or the Commodity Credit Corporation shall keep a complete and accurate record of all soybeans handled by him and shall furnish each producer with a signed sales slip showing the number of bushels purchased from him and the amount deducted by him for the Mississippi Soybean Promotion Fund. Such records shall be in such form and contain such other information as the department shall by rule or regulation prescribe. The records shall be preserved by the purchaser for a period of two (2) years and shall be offered for inspection at any time upon oral or written demand by the department or any duly authorized agent or representative thereof. Every purchaser or the Commodity Credit Corporation, at such time or times as the department may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed in this chapter. The department shall have the power to cause any duly authorized agent or representative to enter upon the premises of any purchaser of soybeans and examine or cause to be examined by such agent only books, papers and records which deal in any way with the payment of the assessment or enforcement of the provisions of this chapter.
Miss. Code Ann. § 69-44-13 — MS Code / Title 69 / Chapter 9 / Section 44-13
Miss. Code Ann. § 69-44-13
Status: in_force

Notwithstanding the provisions of any laws or parts of laws in conflict herewith, the provisions of this chapter shall be controlling to the extent of the conflict.
Miss. Code Ann. § 69-27-223 — MS Code / Title 69 / Chapter 8 / Section 27-223
Miss. Code Ann. § 69-27-223
Status: in_force

In the event of a tax levy being made to pay the purchase price of any equipment purchased under this article, the county shall not be authorized to purchase any additional equipment until enough money has been collected from the use of equipment already purchased, sufficient to pay back into the county treasury the full amount collected by such tax levy.
Miss. Code Ann. § 69-17-201 — MS Code / Title 69 / Chapter 10 / Section 17-201
Miss. Code Ann. § 69-17-201
Status: in_force

(1) It shall be unlawful for any person, firm, corporation or association to have in possession or keep, sell or offer for sale, barter, exchange, give away or otherwise dispose of hog cholera virus, except at Mississippi State University of Agriculture and Applied Science and under the supervision of a licensed veterinarian and with a special written permit issued by the board of animal health. “Hog cholera virus” means an unattenuated virus administered to swine for the purpose of immunizing such swine from the disease known as hog cholera.

(2) Any person, firm, corporation or association violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).
Miss. Code Ann. § 69-15-213 — MS Code / Title 69 / Chapter 3 / Section 15-213
Miss. Code Ann. § 69-15-213
Status: in_force

The boards of supervisors of the various counties of the State of Mississippi which are not engaged in the eradication of bovine tuberculosis on the area plan, may in their discretion, pay indemnity on cattle which react to a co-operative tuberculin test authorized by the Mississippi Board of Animal Health on the same basis as provided in Section 69-15-211 .
Miss. Code Ann. § 69-21-103 — MS Code / Title 69 / Chapter 9 / Section 21-103
Miss. Code Ann. § 69-21-103
Status: in_force

The purpose of this article is to supervise and regulate for the public good all commercial aerial application within the State of Mississippi, to establish and promote a close working relationship between the agricultural aviation industry and the Mississippi Department of Agriculture and Commerce, and to regulate the licensing of all persons, including pilots, engaged in the aerial application of pesticides, poisons, seeds, fertilizer and chemicals and to require the registration of all commercial agricultural aircraft.
Miss. Code Ann. § 69-15-15 — MS Code / Title 69 / Chapter 1 / Section 15-15
Miss. Code Ann. § 69-15-15
Status: in_force

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

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

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

(4) Any person, firm or corporation failing to comply with any of the provisions of this section, or interfering with the State Veterinarian or any duly appointed officer of the State Veterinarian in the discharge of his duty or for having discharged his duties, shall be deemed in violation of the provisions of this section and shall be subject to the penalties provided in Section 69-15-65, Mississippi Code of 1972 .
Miss. Code Ann. § 69-27-369 — MS Code / Title 69 / Chapter 5 / Section 27-369
Miss. Code Ann. § 69-27-369
Status: in_force

(1) The Soil and Water Conservation Commission is hereby authorized to retain all funds generated from the sale of equipment. Any funds made available from the sale of equipment shall be deposited into the special fund in the State Treasury to the credit of the Soil and Water Conservation Commission and shall be used solely for the purpose of purchasing equipment.

(2) Sales of equipment may be made by the Soil and Water Conservation Commission by any lawful method, including public auction. The Department of Audit shall adopt rules and regulations governing any sale conducted by public auction.
Miss. Code Ann. § 69-26-3 — MS Code / Title 69 / Chapter 5 / Section 26-3
Miss. Code Ann. § 69-26-3
Status: in_force

Pursuant to Article IV(h) of the Compact, copies of bylaws and amendments thereto shall be filed with the Commissioner of Agriculture and Commerce.
Miss. Code Ann. § 69-13-329 — MS Code / Title 69 / Chapter 9 / Section 13-329
Miss. Code Ann. § 69-13-329
Status: in_force

A justice of the peace, where there is a county ranger, shall not have authority to do any act concerning estrays, except to take the information from the taker up and to issue the summons for the appraisers; and he shall be entitled to the same fee for such service as the ranger, to be collected and paid over by the ranger; but if there be not a ranger, a justice of the peace may perform all the duties.
Miss. Code Ann. § 69-35-25 — MS Code / Title 69 / Chapter 1 / Section 35-25
Miss. Code Ann. § 69-35-25
Status: in_force

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

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

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

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

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

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

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

(3) Not later then thirty (30) days prior to the beginning of the referendum, each cooperative association shall notify the state ADA and extension service as to whether or not the association intends to vote on behalf of its bulk tank units.
Miss. Code Ann. § 69-23-27 — MS Code / Title 69 / Chapter 9 / Section 23-27
Miss. Code Ann. § 69-23-27
Status: in_force

(1) It is unlawful for any person to act as a licensed pesticide dealer without being licensed by the commissioner. A license shall be required for each location or outlet located within this state from which such pesticides are distributed. Any dealer who has no pesticide outlet licensed within this state and who distributes such pesticides directly into this state shall obtain a pesticide dealer license for his principal out-of-state location or outlet.

(2) Application for a license shall be submitted on a form prescribed by the commissioner, and shall include the name and address of the applicant, the name of the pesticide dealer manager, the address of each outlet, the name of the resident agent if the dealer is not a resident of this state, and any other information required by the commissioner.

(3) This section shall not apply to (a) a licensed pesticide applicator who sells pesticides only as an integral part of his pesticide application service where such pesticides are applied by the commercial applicator; or (b) any federal, state, county or municipal agency which provides pesticides only for its own programs.

(4) The commissioner may set standards and qualifications for licensing of pesticide dealers and dealer managers to determine their competency.

(5) Licenses for pesticide dealers will expire on December 31 of each year and must be renewed annually.

(6) The commissioner may prescribe rules and regulations pertaining to licensing of pesticide dealers, including but not limited to record keeping, and may at any time cancel, suspend or revoke a pesticide dealer license when he finds there has been a failure or refusal to comply with the provisions of this chapter or regulations adopted hereunder. The regulatory action authorized in this subsection shall be governed by Sections 69-25-51 through 69-25-63 .
Miss. Code Ann. § 69-27-347 — MS Code / Title 69 / Chapter 8 / Section 27-347
Miss. Code Ann. § 69-27-347
Status: in_force

For the payment of such bonds and the interest thereon, the full faith, credit, and taxing power of the State of Mississippi are hereby irrevocably pledged. If the Legislature finds that there are sufficient funds available in the General Fund of the State Treasury to pay maturing principal and accruing interest of the bonds, and if the Legislature appropriates such available funds for the purpose of paying such maturing principal and accruing interest, then the maturing principal and accruing interest of the bonds shall be paid from appropriations made by the Legislature from the General Fund of the State Treasury.

All monies in such revolving fund which are not necessary to pay accruing bonds and interest shall be invested by the State Treasurer in such securities as are provided by law for the investment of funds of the state, and the earnings on such investments shall be transferred by the Treasurer into the revolving fund created in Section 69-27-343 .
Miss. Code Ann. § 69-5-103 — MS Code / Title 69 / Chapter 2 / Section 5-103
Miss. Code Ann. § 69-5-103
Status: in_force

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

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

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

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

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

(e) The Southeast District, which shall embrace the counties of Clarke, Covington, Forrest, George, Greene, Hancock, Harrison, Jackson, Jasper, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Marion, Pearl River, Perry, Stone and Wayne. The place for holding the livestock show shall be at Hattiesburg, in Forrest County.
Miss. Code Ann. § 69-33-7 — MS Code / Title 69 / Chapter 1 / Section 33-7
Miss. Code Ann. § 69-33-7
Status: in_force

The provisions of this chapter shall not be construed to prohibit employees of the State Highway Department or the employees of a county or municipality from engaging in normal activities of maintenance on the rights-of-way of public roads, streets or highways. Nor shall the provisions of this chapter be construed to grant the owner of any pecan trees the right to harvest pecans from the rights-of-way of any interstate or other limited access highway.
Miss. Code Ann. § 69-7-121 — MS Code / Title 69 / Chapter 5 / Section 7-121
Miss. Code Ann. § 69-7-121
Status: in_force

All funds collected under this article shall be deposited in the State Treasury to the credit of Central Market Fund and shall be used solely for payment of the expenses of operation and maintenance of such market and facilities including the acquisition, leasing, maintenance and operation of local farm market facilities, and for the employment of such production and marketing personnel as will, in the discretion of the Department of Agriculture and Commerce, more effectively promote the operation of such market, on warrants issued according to law pursuant to payment vouchers signed by the Commissioner or his designee.
Miss. Code Ann. § 69-1-319 — MS Code / Title 69 / Chapter 1 / Section 1-319
Miss. Code Ann. § 69-1-319
Status: in_force

(1) If the commissioner determines that a retailer is in violation of Sections 69-1-301 to 69-1-319 , the commissioner shall:

(a) Notify the retailer of the determination of the commissioner; and

(b) Provide the retailer a thirty-day period, during which the retailer must take necessary steps to comply with Sections 69-1-301 to 69-1-319 .

(2) If the commissioner determines that a supplier is in violation, the commissioner shall:

(a) Notify the supplier of the determination of the commissioner; and

(b) Provide the supplier a thirty-day period, beginning on the date on which the person receives the notice, during which the supplier shall:

(i) Provide the required information to the retailer; and

(ii) Provide to the commissioner a detailed plan of distribution of the required information to all retailers that are supplied covered commodities by the supplier.

(3) If at the end of the thirty-day period, the commissioner determines that the retailer or supplier failed to make a good faith effort to correct the violation or continues to be in violation, the commissioner, in addition to any other civil or criminal penalties, may fine the retailer or supplier not more than One Thousand Dollars ($1,000.00) for each violation. An appeal may be filed as provided under Section 69-25-59 .
Miss. Code Ann. § 69-15-55 — MS Code / Title 69 / Chapter 5 / Section 15-55
Miss. Code Ann. § 69-15-55
Status: in_force

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

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

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

(4) At the conclusion of the hearing, the hearing committee, upon the majority vote of the members of such committee, shall transmit to the Board of Animal Health a written opinion incorporating findings of fact and recommendations for penalties which shall not exceed One Thousand Dollars ($1,000.00) for each violation.
Miss. Code Ann. § 69-15-307 — MS Code / Title 69 / Chapter 9 / Section 15-307
Miss. Code Ann. § 69-15-307
Status: in_force

The board of supervisors in the various counties of the state are authorized and empowered to appropriate money out of the general fund of the county to be used for the purpose of co-operating with the Mississippi Board of Animal Health and the United States Department of Agriculture, Bureau of Animal Industry, in eradicating tick fever, cattle tick, lice, and other animal parasites, and any other contagious and infectious diseases of livestock or the causes of such diseases.
Miss. Code Ann. § 69-25-219 — MS Code / Title 69 / Chapter 3 / Section 25-219
Miss. Code Ann. § 69-25-219
Status: in_force

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

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

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

(4) The department shall charge growers and processors a fee or fees as determined by the department in a sufficient amount to cover the costs required to administer and enforce the provisions of this chapter.
Miss. Code Ann. § 69-15-103 — MS Code / Title 69 / Chapter 5 / 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. § 69-7-109 — MS Code / Title 69 / Chapter 1 / Section 7-109
Miss. Code Ann. § 69-7-109
Status: in_force

The Department of Agriculture and Commerce shall have the power to:

(a) Fix salaries of any authorized employees of the market;

(b) Fix rentals and charges for each type of facility constructed in the market, taking into consideration the cost of such facility, the interest and amortization period required, a proper relationship between types of operators in the market, cost of operation, and the need for reasonable reserves, expansion and the like;

(c) Make investigations and hold hearings and conferences necessary to formulate and adopt a financial building and operating program for a market and make revisions from time to time;

(d) Make rules and regulations which shall govern all such business and all persons and vehicles coming upon the market;

(e) Provide and enforce penalties and liquidated damages relative to breaches of such rules and regulations and any contracts entered into;

(f) Lease the buildings and facilities to farmers, wholesale dealers, retailers and other persons engaged in the wholesale or retail marketing of perishable farm products;

(g) Determine and set the hours when the market may open and close during any day or night throughout the year;

(h) Plan, build, construct or cause to be built or constructed, or lease any facilities, on the grounds under the control of the department, that are deemed necessary for the successful operation of a wholesale or retail market for farm products;

(i) Rent or lease any necessary property, real or personal, on the grounds under the control of the department for the successful operation of the market. However, that before leasing or renting any property for use as a filling station or the sale of similar supplies and accessories, the department shall advertise and receive sealed bids therefor, and shall have the power to reject any and all of such bids, or to accept the highest and best bid made therefor, and the lessee shall erect such buildings and add such facilities as necessary to carry out the provisions of this article at the expense of the lessee in addition to any other monies paid as lease money to said board for the purpose of operating a service station. Such establishment shall not be tax exempt. No filling station shall be leased for a monthly rental less than One Cent (1¢) per gallon for each gallon of gasoline sold;

(j) Employ an attorney as prescribed in Section 69-1-14 .

The department shall also have full power and authority to rent or lease real property, on the grounds under the control of the department, not otherwise used, for a period not to exceed twenty-five (25) years to private concerns for the purpose of processing agricultural products, and providing such facilities found necessary by the department to carry out the purposes of this article, and such facilities, structures, buildings, or other improvements erected or placed thereon by private concerns shall be subject to taxation the same as private property, provided, however, that improvements or facilities erected thereon for processing agricultural products shall not be assessed or taxed until five (5) years after completion of construction. The improvements and facilities erected on said leased property shall be liable for ad valorem taxes and shall be assessed and levied against said leasehold separately from the fee of said lands, and upon failure to pay taxes upon same when due, said facilities and improvements shall be sold by the tax collector as other property is sold for the nonpayment of taxes, but only such rights of the lessee under said lease contract shall be so sold. Upon the failure to pay taxes promptly when due on said lease, the department shall have the power to cancel and terminate said lease immediately and shall thereupon be authorized to lease or re-lease same to another private individual or concern as herein provided.

The provisions hereof regarding taxation shall not apply to those buildings, structures and facilities erected on said property by the department.

The department shall maintain or operate local market.
Miss. Code Ann. § 69-13-337 — MS Code / Title 69 / Chapter 2 / 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. § 69-10-15 — MS Code / Title 69 / Chapter 8 / Section 10-15
Miss. Code Ann. § 69-10-15
Status: in_force

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

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

(3) The commissioner may apply for and the court may grant a temporary or permanent injunction on disbursements made to the board from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
Miss. Code Ann. § 69-10-5 — MS Code / Title 69 / Chapter 1 / Section 10-5
Miss. Code Ann. § 69-10-5
Status: in_force

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

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

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

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