Miss. Code Ann. § 75-25-1 — MS Code / Title 75 / Chapter 12 / Section 25-1
Miss. Code Ann. § 75-25-1
Status: in_force

As used in this chapter the following terms shall have the meaning indicated:

(a) The term “ trademark ” as used herein means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if that source is unknown.

(b) The term “ service mark ” as used herein means any word, name, symbol or device or any combination thereof used by a person to identify and distinguish the services of one (1) person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. Titles, character names used by a person and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.

(c) The term “ mark ” as used herein includes any trademark or service mark entitled to registration under this chapter whether registered or not.

(d) The term “ trade name ” means any name used by a person to identify a business or vocation of such person.

(e) The term “ person ” and any other word or term used to designate the applicant or other party entitled to a benefit or privilege or rendered liable under the provisions of this chapter includes a juristic person as well as a natural person. The term “ juristic person ” includes a firm, partnership, corporation, union, association or other organization capable of suing and being sued in a court of law.

(f) The term “ applicant ” as used herein embraces the person filing an application for registration of a mark under this chapter, and the legal representatives, successors or assigns of such person.

(g) The term “ registrant ” as used herein embraces the person to whom the registration of a mark under this chapter is issued, and the legal representatives, successors or assigns of such person.

(h) The term “ use ” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For the purposes of this chapter, a mark shall be deemed to be in use:

(1) On goods when it is placed in any manner on the goods or other containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and the goods are sold or transported in commerce in this state, and

(2) On services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.

(i) A mark shall be deemed to be “abandoned” when either of the following occurs:

(1) When its use had been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two (2) consecutive years shall constitute prima facie evidence of abandonment; or

(2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark.

(j) The term “ secretary ” as used herein means the Secretary of State or the designee of the secretary charged with the administration of this chapter.

(k) The term “ dilution ” as used herein means dilution by blurring or dilution by tarnishment, regardless of the presence or absence of:

(1) Competition between the owner of the famous mark and other parties, or

(2) Actual or likely confusion, mistake, or deception, or

(3) Actual economic injury.

(l) The term “ dilution by blurring ” as used herein means association arising from the similarity between a mark or trade name and a famous mark that impairs the distinctiveness of the famous mark.

(m) The term “ dilution by tarnishment ” as used herein means association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark.
Miss. Code Ann. § 75-31-221 — MS Code / Title 75 / Chapter 12 / Section 31-221
Miss. Code Ann. § 75-31-221
Status: in_force

(1) Minimum tolerance values. On all farm milk tanks, the maintenance and acceptance tolerances applied shall not be smaller than one-half ( 1 / 2 ) the value of the minimum graduated interval on the gauge rod or surface gauge.

(2) Basic tolerance values. Basic maintenance and acceptance tolerance on underregistration and overregistration shall be as follows: (The error, at any liquid level, of a tank to which the tolerance is applied, is the difference between the gallonage shown for that level on the gallonage chart and the corresponding gallonage determined by test.) Basic maintenance and acceptance tolerances, on underregistration and on overregistration on farm milk tanks are not more than 1 / 32 of an inch, if graduated in inches, or one (1) millimeter, if graduations are in centimeters.
Miss. Code Ann. § 75-60-11 — MS Code / Title 75 / Chapter 12 / Section 60-11
Miss. Code Ann. § 75-60-11
Status: in_force

(1) The Commission on Proprietary School and College Registration shall issue a certificate of registration to an applicant of good reputation, offering one or more courses of instruction upon determining that the applicant has the facilities, resources and faculty to provide students with the kind of instruction that it proposes to offer. A certificate of registration shall be granted or denied within sixty (60) days of the receipt of the application therefor by the commission. If the commission has not completed its determination with respect to the issuance of the certificate of registration within such sixty-day period, it shall issue a temporary certificate to the applicant, which certificate is sufficient to meet the requirements of Section 75-60-13 until such time as determination is made. Any certificate issued by the commission is valid only for the institution and courses for which it is issued and does not cover other schools or branches operated by the owner. A certificate of registration is valid for two (2) years unless earlier revoked for cause by the commission. The commission shall adopt rules and regulations for administration of the registration process. The commission may cause an investigation to be made into the correctness of the information submitted in any application for registration. If the commission believes that false, misleading or incomplete information has been submitted to it in connection with any application for registration, the commission shall conduct a hearing on the matter and may withhold a certificate of registration upon finding that the applicant has failed to meet the standards for such certificate or has submitted false, misleading or incomplete information to the commission. Application for a certificate of registration shall be made in writing to the commission on forms furnished by the commission. A certificate of registration is not transferable and shall be prominently displayed on the premises of an institution.

(2) The commission shall assign registration numbers to all schools registered with it. Schools shall display their registration numbers on all school publications and on all advertisements bearing the name of the school.
Miss. Code Ann. § 75-17-19 — MS Code / Title 75 / Chapter 12 / Section 17-19
Miss. Code Ann. § 75-17-19
Status: in_force

(1) Notwithstanding any provision of law to the contrary, any retail seller and any lender or issuer of credit cards may contract for and receive a finance charge for credit sales of goods, services or merchandise certificates or for cash advanced or other credit extended pursuant to a revolving charge agreement by applying a periodic rate no greater than one and three-fourths percent (1- 3 / 4 %) per month to:

(a) The average daily balance of the account, exclusive of finance charge, in each billing period;

(b) An amount that shall not exceed the balance of the account, exclusive of finance charge, on the first day of each billing period without adding purchases or miscellaneous debits to the account during the billing period; or

(c) Any balance of the account during each billing period which does not produce an amount of finance charge in excess of that permitted by (a) or (b).

(2) Notwithstanding the foregoing and any other provision of law to the contrary, any bank which is an issuer of credit cards may contract for and receive, in addition to any finance charges authorized by law, an annual fee for membership in a credit card plan pursuant to a revolving charge agreement and such fee shall not be considered a finance charge. Such fee shall not exceed Twelve Dollars ($12.00) per year for an account where the cardholder is a natural person. However, any credit card issuer which does so contract for an annual membership fee may, notwithstanding the provisions of subsection (1) of this section, contract for and receive a finance charge for credit sales of goods, services or merchandise certificates or for cash advanced or other credit extended pursuant to a revolving charge agreement by applying a periodic rate no greater than one and one-half percent (1- 1 / 2 %) per month to:

(a) The average daily balance of the account, exclusive of finance charge, in each billing period;

(b) An amount that shall not exceed the balance of the account, exclusive of finance charge, on the first day of each billing period without adding purchases or miscellaneous debits to the account during the billing period; or

(c) Any balance of the account during each billing period which does not produce an amount of finance charge in excess of that permitted by (a) or (b).

(3) Notwithstanding the foregoing and any other provision of law to the contrary, any bank, retail seller, lender or other issuer of credit cards may contract for and receive, in addition to any finance charges authorized by law, late payment charges in connection with the credit sales of goods, services or merchandise certificates or for cash advanced pursuant to a revolving charge agreement in such amounts and upon such terms and conditions as may be agreed to in writing by the bank, retail seller, lender or other issuer of credit cards and the borrower or debtor, and such charges and fees shall not be considered a finance charge.

(4) No finance charge may be charged or collected for purchases made by the use of credit cards or credit sales of goods or services or merchandise certificates if the outstanding balance of the account existing on the first day of the billing statement where such purchases initially appear is paid in full within one (1) month after such billing statement date. If a finance charge is otherwise due and the amount of the finance charge so computed shall be less than Fifty Cents (50¢) for any such month, a finance charge of Fifty Cents (50¢) for any such month may be charged, received and collected. Any payment made pursuant to a revolving charge agreement shall be applied first to any finance charge shown to be due on the billing statement, next to repayment of cash advanced or other credit extended, and finally to the chronological repayment of purchases of goods, services or merchandise certificates. The billing statement shall not state that Mississippi law requires the imposition of a finance charge. The term “ month ” as used in this subsection and in subsections (1) and (2) of this section means either (a) a calendar month or (b) a minimum of thirty (30) consecutive calendar days, or (c) the number of days elapsing between the same numerical calendar day of successive calendar months, or (d) a number of days which does not vary by more than four (4) days from such period nor result in more than twelve (12) billing periods per year. “ Revolving charge agreement ” means an agreement by the terms of which retail sellers may sell goods, services, merchandise certificates, or by which a lender or issuer finances the purchase of goods or services or by which a lender makes cash advances, by the use of credit cards or otherwise, pursuant to which the amount financed is payable either within a stated period or in installments over a period of time, and the terms of which may provide for finance charges to be assessed on the unpaid balance as it exists from time to time; the term “ revolving charge agreement ” does not include the lending of money evidenced by a promissory note. The term “ cash advances ” includes credit extended by a lender to a borrower, or to any other person for the account of a borrower, pursuant to a written agreement, by the use of checks, drafts or other similar instruments.

(5) Notwithstanding the foregoing and any other provision of law to the contrary, any retail seller may contract for and receive a finance charge for closed end credit sales of goods, tangible property or services, other than pursuant to a revolving charge agreement, which will result in a yield not to exceed the following annual percentage rates calculated according to the actuarial method:

(a) Twenty-four percent (24%) per annum on that part of the unpaid balance of the amount financed which is Two Thousand Five Hundred Dollars ($2,500.00) or less; and

(b) Twenty-one percent (21%) per annum on that part of the unpaid balance of the amount financed which is more than Two Thousand Five Hundred Dollars ($2,500.00).

(6) Notwithstanding the foregoing and any other provisions of law to the contrary, any bank, retail seller, lender or other issuer of credit cards may provide in the written credit card agreement for such products, services, charges and fees as the bank, retail seller, lender or other issuer of credit cards and the debtor may agree upon (excluding, however, the finance charges provided for in subsection (1) of this section), and such other terms and conditions as the bank, retail seller, lender or other issuer of credit cards and the debtor may agree upon from time to time, and the costs associated with those products, services, charges and fees shall not be considered a finance charge or an annual fee. If any bank, retail seller, lender or other issuer of credit cards desires to modify in any respect any term of the credit card account, it shall first provide at least thirty (30) days' prior written notice of the modification to the debtor. In providing that notice, the bank, retail seller, lender or other issuer of credit cards shall advise the debtor in writing that the debtor has the option (a) to surrender the credit card, in which case the debtor shall have the right to continue to pay off the credit card account in the same manner and under the same terms and conditions as then in effect; or (b) to hold the credit card after the thirty-day period has elapsed, or to use the credit card during that period, either of which shall constitute the debtor's consent to the modification.
Miss. Code Ann. § 75-29-951 — MS Code / Title 75 / Chapter 12 / Section 29-951
Miss. Code Ann. § 75-29-951
Status: in_force

(1)(a) A cottage food operation must comply with the applicable requirements of this section but is exempt from the permitting requirements of Section 41-3-18 if the cottage food operation complies with this section and has annual gross sales of cottage food products that do not exceed Thirty-five Thousand Dollars ($35,000.00).

(b) For purposes of this subsection, a cottage food operation's annual gross sales include all sales of cottage food products at any location, regardless of the types of products sold or the number of persons involved in the operation. A cottage food operation must provide the department, upon request, with written documentation to verify the operation's annual gross sales.

(2) A cottage food operation may not sell cottage food products over the Internet, by mail order, or at wholesale or to a retail establishment; however, this does not prohibit the advertising of cottage food products over the Internet, including through social media. Cottage food products are nonpotentially hazardous food products as defined by the department.

(3) A cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information:

(a) The name and address of the cottage food operation;

(b) The name of the cottage food product;

(c) The ingredients of the cottage food product, in descending order of predominance by weight;

(d) The net weight or net volume of the cottage food product;

(e) Allergen information as specified by federal labeling requirements;

(f) Appropriate nutritional information as specified by federal labeling requirements, if any nutritional claim is made; and

(g) The following statement printed in at least ten-point type in a color that provides a clear contrast to the background of the label: “Made in a cottage food operation that is not subject to Mississippi's food safety regulations.”

(4) This section does not exempt a cottage food operation from any federal tax law, rule, regulation, or certificate that applies to all cottage food operations.

(5)(a) The department may investigate any complaint that alleges that a cottage food operation has violated an applicable provision of this section or rule adopted under this section.

(b) Only upon receipt of a complaint, the department's authorized officer or employee may enter and inspect the premises of a cottage food operation to determine compliance with this section and department rules. A cottage food operation's refusal to permit the department's authorized officer or employee entry to the premises or to conduct the inspection is grounds for disciplinary action pursuant to Section 41-3-59 .

(6) This section does not apply to a person operating under a food permit issued pursuant to Section 41-3-18 .
Miss. Code Ann. § 75-12-29 — MS Code / Title 75 / Chapter 12 / Section 12-29
Miss. Code Ann. § 75-12-29
Status: in_force

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:

(1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;

(2) Is in a form capable of being processed by that system; and

(3) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.

(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:

(1) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and

(2) It is in a form capable of being processed by that system.

(c) Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d).

(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:

(1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.

(2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.

(e) An electronic record is received under subsection (b) even if no individual is aware of its receipt.

(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.

(g) If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
Miss. Code Ann. § 75-35-305 — MS Code / Title 75 / Chapter 12 / Section 35-305
Miss. Code Ann. § 75-35-305
Status: in_force

(1) Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine, that is being transported in intrastate commerce, or is held for sale in this state after such transportation, and that (a) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter, or (b) is capable of use as human food and is adulterated or misbranded, or (c) in any other way is in violation of this chapter, shall be liable to be proceeded against and seized and condemned, at any time, on a bill of complaint in the chancery court as provided in Section 75-35-307 within the jurisdiction of which the products or animal is found. If the products or animal is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the general fund of the treasury of this state, but the products or animals shall not be sold contrary to the provisions of this chapter, or the Federal Meat Inspection Act or the Federal Food, Drug, and Cosmetic Act: provided, that upon the execution and delivery of a good and sufficient bond conditioned that the products or animal shall not be sold or otherwise disposed of contrary to the provisions of this chapter, or the laws of the United States, the court may direct that such products or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the commissioner as is necessary to insure compliance with the applicable laws. When a decree of condemnation is entered against the products or animal and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the product or animal. The proceedings in such chancery court cases shall conform, as nearly as may be, to the usual proceedings in chancery, except that either party may demand trial by jury of any issue of fact joined in any case, and all such proceedings shall be removed at the suit of and in the name of this state in the circuit court.

(2) The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this chapter, or other laws.
Miss. Code Ann. § 75-17-5 — MS Code / Title 75 / Chapter 12 / Section 17-5
Miss. Code Ann. § 75-17-5
Status: in_force

The issues, bills, notes, bonds, or certificates of deposit of any bank, corporation, or association of persons formed for banking purposes, or possessing banking privileges, situated within or without the limits of this state, shall not be loaned in this state by any agent, officer or person employed by, or having any interest in or connection with, any such bank, corporation, or association of persons, at a greater rate of discount or interest than is allowed by the laws of this state. All contracts and agreements made in violation of the provisions of this section shall, as to the whole of the discount or interest allowed or paid, or agreed to be allowed or paid, be void, and the discount or interest may be recovered back by the person suffering such discount or paying such interest.
Miss. Code Ann. § 75-47-27 — MS Code / Title 75 / Chapter 12 / Section 47-27
Miss. Code Ann. § 75-47-27
Status: in_force

The commissioner and state chemist are authorized to prescribe and, after a public hearing following due public notice, to enforce such rules and regulations relating to investigational allowances, definitions, records, and the distribution of commercial fertilizers, and any other matters not inconsistent with the meaning and intent of this chapter, as may be necessary to carry into effect the full intent and meaning of this chapter.
Miss. Code Ann. § 75-29-29 — MS Code / Title 75 / Chapter 12 / Section 29-29
Miss. Code Ann. § 75-29-29
Status: in_force

It shall be the duty of each district attorney, county attorney or city attorney to whom the State Board of Health reports any violation of this article to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this article is reported to any such attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the board, either orally or in writing, in person or by attorney with regard to such contemplated proceeding.
Miss. Code Ann. § 75-57-49 — MS Code / Title 75 / Chapter 12 / Section 57-49
Miss. Code Ann. § 75-57-49
Status: in_force

(1) Before any person shall be granted a permit to, or shall engage in or continue in the business of the distributing, either wholesale or retail, installing, altering, extending, changing or repairing of any liquefied compressed gas system, appliance or container, or in the business of distributing and selling liquefied compressed gas, either at wholesale or retail, whether from trucks or other vessels, in cylinders or in any other manner, such person shall satisfy the State Liquefied Compressed Gas Board that he or she is of good character, is competent to transact business so as to safeguard the interest of the public, and is financially responsible; and this provision as to financial responsibility shall be met by such person by filing with the State Liquefied Compressed Gas Board evidence that he or she has in force such of the hereinafter listed insurance policies on standard contract forms and written by an insurance company, or companies, qualified to do business in the State of Mississippi, as the State Liquefied Compressed Gas Board shall require, based upon those activities listed above in which such person is engaged, to wit:

ANY PERSON THAT ENGAGES IN FILLING CYLINDERS AND MOTOR FUEL TANKS WITH LIQUEFIED COMPRESSED GAS ON THEIR PREMISES OR ANY PERSON WHO IS IN THE BUSINESS OF INSTALLING LC GAS CARBURETION OR APPLIANCES:

Limits of Liability

Each

Occasion

Aggregate

Manufacturers and Contractors Public Liability

$100,000

$300,000

Products Liability

$100,000

$300,000

Workers' Compensation and Employers' Liability Insurance

State Statute

ANY PERSON THAT ENGAGES IN ANY PHASE OF THE LIQUEFIED COMPRESSED GAS BUSINESS OTHER THAN CYLINDER-FILLING LOCATIONS:

Limits of Liability

Bodily Injury

Property

Each

Each

Damage Each

Person

Accident

Accident

Automobile Public Liability

$500,000

$1,000,000

$1,000,000

Each

Occasion

Aggregate

Manufacturers and Contractors Public Liability

$1,000,000

$1,000,000

Products Liability

$1,000,000

$1,000,000

Workers' Compensation and Employers' Liability Insurance

State Statute

(2) The State Liquefied Compressed Gas Board shall not require insurance coverage as specified above unless the hazard of liquefied compressed gases is involved.

(3) No policy issued under the provisions of this chapter may be cancelled before thirty (30) days from the date of receipt by the Commissioner of Insurance of written notice of intention to cancel the policy.

(4) It is expressly provided, however, that in lieu of filing with the State Liquefied Compressed Gas Board evidence that such insurance, as outlined above, is in force, any such person may file with the State Liquefied Compressed Gas Board a good and sufficient surety bond executed by a surety company licensed to do business in this state in the amount of One Million Dollars ($1,000,000.00), which such bond shall be payable to the State of Mississippi and shall be conditioned to guarantee the payment of all damages which proximately result from any act of negligence on the part of such person, or their agents or employees, while engaged in any of the activities herein specified. In lieu of the surety bond, any such person may execute and file a good and sufficient personal bond in the amount and conditioned as specified above, which such personal bond shall be secured by bonds or other obligations of the State of Mississippi or the United States government, of equal value.

(5) Upon compliance with the provisions of this section, where such compliance is required, and upon compliance with all other provisions of this chapter, the State Liquefied Compressed Gas Board shall issue to such dealer a permit to engage in such business, but not before. All such permits shall be valid until voluntarily surrendered, or until suspended, revoked or cancelled by the State Liquefied Compressed Gas Board, the Commissioner of Insurance or the chancery or circuit court. All permits issued under the provisions of Chapter 170, Laws of 1940, as amended, or Chapter 265, Laws of 1946, shall remain in full force and effect until the expiration date thereof at which time they must be renewed under the terms and conditions of this chapter.
Miss. Code Ann. § 75-27-55 — MS Code / Title 75 / Chapter 12 / Section 27-55
Miss. Code Ann. § 75-27-55
Status: in_force

Any person who shall wilfully hinder or obstruct in any way the director, the deputy director, or any one of the inspectors, in the performance of his official duties shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), or by imprisonment for not more than three (3) months, or by both such fine and imprisonment.
Miss. Code Ann. § 75-31-205 — MS Code / Title 75 / Chapter 12 / Section 31-205
Miss. Code Ann. § 75-31-205
Status: in_force

“Commissioner” shall mean the commissioner of agriculture and commerce of the State of Mississippi.

“Farm milk transport operator” shall mean one who grades, samples and gauges milk in farm milk tanks and transports milk from farms to milk plants.

“Commissioner's representative” shall mean one who is designated by the commissioner to enforce the provisions of this article.

“Farm milk tank” shall mean a unit for measuring milk or other fluid dairy product, comprising a combination of:

(a) A stationary tank, whether or not equipped for cooling its contents.

(b) Means for reading the level of liquid on the tank, such as a removable gauge rod or surface gauge.

(c) A chart for converting level-of-liquid readings to gallons and pounds.

(d) Chart readings shall also be shown in avoirdupois weight in conjunction with gallon readings on the basis of eight and six-tenths (8.6) pounds milk per gallon.

(e) Each compartment of a subdivided tank shall, for purposes of this article, be construed to be a farm milk tank. (These units are variously known commercially as farm bulk tanks, farm cooling tanks, farm holding tanks, and producers' tanks.)

(f) “Gauge rod” shall mean a graduated, “dip stick” type of measuring rod designed to be partially immersed in the liquid and to be read at the point where the liquid surface crosses the rod.

(g) “Surface gauge” shall mean a combination of a stationary indicator and a moveable, graduated element designed to be brought into contact with the surface of the liquid from above.

(h) “Other measuring device” shall mean any other means of measuring contents of tank, which must be approved by the commissioner.
Miss. Code Ann. § 75-27-203 — MS Code / Title 75 / Chapter 12 / Section 27-203
Miss. Code Ann. § 75-27-203
Status: in_force

The commissioner of agriculture and commerce of Mississippi and his duly appointed agents shall administer the provisions of this article. The commissioner shall have authority to promulgate, from time to time, such rules and regulations as are necessary for the enforcement of the provisions of this article. The commissioner shall prescribe by regulations the tolerance which will be recognized in the reweighing of animals.
Miss. Code Ann. § 75-24-9 — MS Code / Title 75 / Chapter 12 / Section 24-9
Miss. Code Ann. § 75-24-9
Status: in_force

Whenever the Attorney General has reason to believe that any person is using, has used, or is about to use any method, act or practice prohibited by Section 75-24-5 , and that proceedings would be in the public interest, he may bring an action in the name of the state against such person to restrain by temporary or permanent injunction the use of such method, act or practice. The action shall be brought in the chancery or county court of the county in which such person resides or has his principal place of business, or, with consent of the parties, may be brought in the chancery or county court of the county in which the State Capitol is located. The said courts are authorized to issue temporary or permanent injunctions to restrain and prevent violations of this chapter, and such injunctions shall be issued without bond.
Miss. Code Ann. § 75-23-43 — MS Code / Title 75 / Chapter 12 / Section 23-43
Miss. Code Ann. § 75-23-43
Status: in_force

(1) This article shall not apply to:

(a) Cigarettes allowed to be imported or brought into the United States for personal use; and

(b) Cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with the provisions of 19 USCS 1555(b) and any implementing regulations; provided, however, that this article shall apply to any such cigarettes that are brought back into the customs territory for resale within the customs territory.

(2) The penalties provided in this article are in addition to any other penalties imposed under other law.
Miss. Code Ann. § 75-21-19 — MS Code / Title 75 / Chapter 12 / Section 21-19
Miss. Code Ann. § 75-21-19
Status: in_force

Proceedings of any and every kind for forfeiture of charter, for forfeiture of right to do business in this state, for recovery of damages and all civil proceedings of any character whatever authorized by law for the execution and enforcement of the antitrust laws of this state may be brought against any corporation in any county where it has a domicile or place of business, or where any of its officers or agents may be found.
Miss. Code Ann. § 75-55-7 — MS Code / Title 75 / Chapter 12 / Section 55-7
Miss. Code Ann. § 75-55-7
Status: in_force

(1) Provided, however, that gasoline, as defined in Section 75-55-5 , shall not be subject to specifications required under such section, when such gasoline is purchased or received in this state for uses other than for sale or distribution to the consuming public. This exemption shall apply to gasoline that will not be used on the road.

(2) The Commissioner of Agriculture and Commerce (the “commissioner”) and the State Chemist shall have authority, but are not compelled, to establish specifications for aviation and other special gasolines when received in this state for any purpose other than for use in propelling motor vehicles on the highways, or for sale or distribution to the consuming public.

(3) It is provided that the specifications adopted for gasoline shall not apply to “gas machine gasoline” prepared or received in this state for use in industrial equipment, when such gasoline is not used or not capable of use in propelling motor vehicles on the highways.

(4) The commissioner and the State Chemist shall have authority but they are not compelled to establish specifications for fuel oils and oil for other engines.
Miss. Code Ann. § 75-12-17 — MS Code / Title 75 / Chapter 12 / Section 12-17
Miss. Code Ann. § 75-12-17
Status: in_force

(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
Miss. Code Ann. § 75-24-211 — MS Code / Title 75 / Chapter 12 / Section 24-211
Miss. Code Ann. § 75-24-211
Status: in_force

The requirement under Sections 75-24-201 through 75-24-217 to place a security freeze on a consumer file does not apply to:

(a) A check service or fraud prevention service company that issues consumer reports:

(i) To prevent or investigate fraud; or

(ii) For purposes of approving or processing negotiable instruments, electronic funds transfers or similar methods of payment; or

(b) A deposit account information service company that issues consumer reports related to account closures caused by fraud, substantial overdrafts, automated teller machine abuses or similar negative information regarding a consumer to an inquiring financial institution for use by the financial institution only in reviewing a consumer request for a deposit account with that institution.
Miss. Code Ann. § 75-24-209 — MS Code / Title 75 / Chapter 12 / Section 24-209
Miss. Code Ann. § 75-24-209
Status: in_force

A security freeze does not apply to a consumer report provided to:

(a) A state or local governmental entity, including a law enforcement agency or court or private collection agency, if the entity, agency or court is acting under a court order, warrant, subpoena or administrative subpoena;

(b) An agency acting to investigate or collect child support payments or acting under Title IV-D of the Social Security Act ( 42 USCS Section 651 et seq. );

(c) The State Tax Commission acting to investigate or collect delinquent sales or franchise taxes;

(d) A tax assessor-collector acting to investigate or collect delinquent ad valorem taxes;

(e) A person for the purposes of prescreening as provided by the Fair Credit Reporting Act ( 15 USCS Section 1681 et seq. ), as amended;

(f) A person who intends to use the information for employment purposes;

(g) A person who intends to use the information in connection with adjusting a claim, rating or underwriting of insurance involving the consumer;

(h) A person with whom the consumer has an account or contract or to whom the consumer has issued a negotiable instrument, or the person's subsidiary, affiliate, agent, assignee, prospective assignee or private collection agency, for purposes related to that account, contract or instrument;

(i) A subsidiary, affiliate, agent, assignee or prospective assignee of a person to whom access has been granted under Section 75-24-207(2) ;

(j) A person who administers a credit file monitoring subscription service to which the consumer has subscribed;

(k) A person for the purpose of providing a consumer with a copy of the consumer's report on the consumer's request;

(l) A check service or fraud prevention service company that issues consumer reports:

(i) To prevent or investigate fraud; or

(ii) For purposes of approving or processing negotiable instruments, electronic funds transfers or similar methods of payment;

(m) A deposit account information service company that issues consumer reports related to account closures caused by fraud, substantial overdrafts, automated teller machine abuses or similar negative information regarding a consumer to an inquiring financial institution for use by the financial institution only in reviewing a consumer request for a deposit account with that institution; or

(n) A consumer reporting agency that:

(i) Acts only to resell credit information by assembling and merging information contained in a database of another consumer reporting agency or multiple consumer reporting agencies; and

(ii) Does not maintain a permanent database of credit information from which new consumer reports are produced.
Miss. Code Ann. § 75-55-38 — MS Code / Title 75 / Chapter 12 / Section 55-38
Miss. Code Ann. § 75-55-38
Status: in_force

(1) Any person who repairs, adjusts or removes an official seal from a petroleum pump or metering device shall, before engaging in such activity, obtain a license from the commissioner upon showing that he is qualified to repair, adjust and test petroleum pumps and/or metering devices. Application for a petroleum equipment repairman's license shall be made annually on forms prescribed and furnished by the commissioner. A fee of Fifty Dollars ($50.00) shall be paid by the applicant at the time application for such license is made. All licenses issued hereunder shall expire on the thirtieth day of June next after its issuance. Any person so licensed shall, within three (3) days after he repairs or adjusts a petroleum pump, metering or measuring device or removes an official seal therefrom, make a report thereof to the commissioner on a form provided for such purpose by the Department of Agriculture and Commerce.

(2) Upon receipt of a license, the petroleum equipment repairman shall acquire a seal press, one (1) die of which shall be inscribed with his license number. All official pump or meter seals removed by the licensed petroleum equipment repairman shall be replaced and such replaced seals shall clearly show the license number of the petroleum equipment repairman replacing the seal(s).

(3) The commissioner shall have authority to prescribe and adopt regulations establishing additional requirements and/or qualifications for petroleum equipment repairmen.

(4) Any person, company or corporation who violates or causes to be violated any provision of this section or any rule or regulation adopted hereunder shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not less than Three Hundred Dollars ($300.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for not more than six (6) months, or by both fine and imprisonment; upon a second or subsequent conviction thereof, violators shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than one (1) year, or by both fine and imprisonment. In addition to fines and/or imprisonment as provided herein, the commissioner may, in his discretion, suspend or revoke the license of such petroleum equipment repairman. Provided, however, that the commissioner shall afford a licensee an opportunity for a hearing, prior to suspension or revocation of a license, to show cause why his license should not be suspended or revoked.
Miss. Code Ann. § 75-45-173 — MS Code / Title 75 / Chapter 12 / Section 45-173
Miss. Code Ann. § 75-45-173
Status: in_force

(1) For the purpose of enforcement of this article, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the commissioner, upon presenting appropriate credentials, and a written or oral notice to the owner, operator, or agent in charge, are authorized: (a) to enter, during normal business hours, any factory, warehouse, or establishment within the state in which commercial feeds are manufactured, processed, packed or held for distribution, or to enter any vehicle being used to transport or hold such feeds; and (b) to inspect during normal business hours and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling thereon. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the good manufacturing practice regulations established under paragraph (d) of Section 75-45-165 .

(2) A separate notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.

(3) If the officer or employee making such inspection of a factory, warehouse, vehicle or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises or vehicle he, upon request, shall give to the owner, operator, or agent in charge, a receipt describing the samples obtained.

(4) If the owner of any factory, warehouse, vehicle or establishment described in subsection (1), or his agent, refuses to admit the commissioner or his agent to inspect in accordance with subsections (1) and (2), the commissioner is authorized to obtain from any state court a warrant directing such owner or his agent to submit the premises described in such warrant to inspection.

(5) For the purpose of the enforcement of this article, the commissioner or his duly designated agent is authorized to enter upon any public or private premises including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine records relating to distribution of commercial feeds.

(6) Sampling and analysis shall be conducted in accordance with methods published by the AOAC International, or in accordance with other generally recognized methods.

(7) The results of all analyses of official samples shall be forwarded by the State Chemist to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded and upon request within thirty (30) days following receipt of the analysis the State Chemist shall furnish to the registrant a portion of the sample concerned.

(8) The commissioner and State Chemist, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in paragraph (p) of Section 75-45-153 and obtained and analyzed as provided for in subsections (3), (5), and (6) of this section.
Miss. Code Ann. § 75-39-9 — MS Code / Title 75 / Chapter 12 / Section 39-9
Miss. Code Ann. § 75-39-9
Status: in_force

Within three (3) days after the sale shall have been held, the person who conducted the sale shall send a statement to the livestock sanitary board giving a complete list of the number and kind of baby chicks sold at such sale, the name and address of each purchaser, together with a copy of the representations and guarantees made in relation thereto, if any were made by the person who conducted such sale, and the person conducting such sale shall be held to have had full knowledge of the representations and guarantees made at the time of such sale and shall be as fully responsible and liable for any such representations and guarantees as is the person who sets forth such representations and guarantees on the containers as provided in Section 75-39-7 .
Miss. Code Ann. § 75-58-7 — MS Code / Title 75 / Chapter 12 / Section 58-7
Miss. Code Ann. § 75-58-7
Status: in_force

For purposes of this chapter, the following terms shall have the meanings ascribed to them herein:

(a) “Board” shall mean the State Oil and Gas Board as created by Section 53-1-5 et seq., Mississippi Code of 1972 .

(b) “Person” shall mean any individual, corporation, partnership, association, or any state, municipality, political subdivision of any state, or any agency department, or instrumentality of the United States, or any other entity, or any officer, agent, or employee of any of the above.

(c) “Oil” shall mean crude petroleum oil and all other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas.

(d) “Gas” shall mean all natural gas, whether hydrocarbon or nonhydrocarbon or any combination or mixture thereof, including hydrocarbons, hydrogen sulphide, helium, carbon-dioxide, nitrogen, hydrogen, casinghead gas, occluded natural gas from coal seams, and all other hydrocarbons not defined as oil in Section 75-58-7(c) above. For the purposes of this chapter only, the term gas shall not include gas which is consumed in operations on a well or which is vented or lost.

(e) “Operator” is defined as the party designated by the Board as the operator of the well.

(f) “Non-operator” shall mean an owner, as defined by Section 53-1-3, Mississippi Code of 1972 , who is not designated as the operator.

(g) “Consenting non-operator” is defined as a non-operator who has affirmatively elected to have the operator market such non-operator's share of gas or is deemed to have consented to have the operator market such non-operator's share of gas.

(h) “Nonconsenting non-operator” is defined as a non-operator who has affirmatively elected to market his share of gas and not have the operator market his share of gas.

(i) “Net proceeds” is defined as the total amount of money received from the sale of gas, less (i) costs incident to marketing and transportation of gas incurred by the operator to third parties and (ii) severance, privilege, maintenance or other taxes measured on or by production.

(j) “Direct cost” is defined as a cost actually incurred by the operator in the marketing of gas from a well.

(k) “Balancing party” shall include operators and non-operators as defined in this chapter as well as other interest owners who have exercised a right to take production in kind.

(l) “Underproduction” shall mean the volumetric amount by which the volume of gas taken by a balancing party in any month is less than such party's entitlement for such month.

(m) “Overproduction” shall mean the volumetric amount by which the volume of gas taken by a balancing party in any month is greater than such party's entitlement for such month.

(n) “Cumulative underproduction” shall mean the total underproduction attributable to a balancing party, as adjusted so as to reflect any cash balancing as provided by Section 75-58-13(c) , and any makeup gas taken for volumetric balancing.

(o) “Cumulative overproduction” shall mean the total overproduction attributable to a balancing party, as adjusted so as to reflect any cash balancing as provided by Section 75-58-13(c) , and any makeup gas taken for volumetric balancing.

(p) “Underproduced party” shall mean a balancing party credited with cumulative underproduction.

(q) “Overproduced party” shall mean a balancing party charged with cumulative overproduction.

(r) “Makeup gas” shall mean the volume of gas an underproduced party is entitled to take for volumetric balancing, in addition to its entitlement.

(s) “Entitlement” shall mean a balancing party's percentage interest in the well multiplied by the well's actual production of gas.

(t) “Long-term contract” is a gas purchase agreement which contractually commits gas for a term greater than one year from the date of initial deliveries of gas thereunder;

(u) “Short-term contract” is a gas purchase agreement other than a long-term contract;

(v) “Qualifying long-term contract” is an offer by a buyer of gas to enter into a long-term contract with consenting non-operators which contains the same (i) pricing conditions, (ii) buyer purchase obligations and (iii) expiration date as the long-term contract executed by the operator.
Miss. Code Ann. § 75-43-27 — MS Code / Title 75 / Chapter 12 / Section 43-27
Miss. Code Ann. § 75-43-27
Status: in_force

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

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

(3) In case a license issued to a farm warehouseman expires or is suspended, revoked or cancelled by the commissioner or his designated representative, such license shall be immediately returned to the commissioner and the farm warehouseman shall forthwith comply with the provisions of Section 75-43-51 .
Miss. Code Ann. § 75-24-75 — MS Code / Title 75 / Chapter 12 / Section 24-75
Miss. Code Ann. § 75-24-75
Status: in_force

In addition to other penalties and remedies provided in Sections 75-24-71 through 75-24-77 , whenever it appears that any person is engaged or is about to engage in any act or practice which constitutes a pyramid sales scheme or which is prohibited by Sections 75-24-71 through 75-24-77 , the Attorney General may bring an action in the name of the state pursuant to the provisions of Section 75-24-9 in order to enjoin any such act or practice.
Miss. Code Ann. § 75-45-159 — MS Code / Title 75 / Chapter 12 / Section 45-159
Miss. Code Ann. § 75-45-159
Status: in_force

(1) No person shall manufacture or distribute a commercial or customer-formula feed for sale in this state, unless he has filed with the commissioner and State Chemist on forms provided by the commissioner, his name, place of business and location of each manufacturing facility, has paid his registration fee of One Hundred Dollars ($100.00) for each location and has been issued his facility registration permit by the department.

(2) The registration and fee is due on or before January 1 of each year. A late fee of Fifty Dollars ($50.00) shall be charged for any facility registration that is more than thirty (30) days late. The funds shall be deposited monthly in the State Treasury. A registration shall continue in effect unless it is cancelled by the commissioner and State Chemist pursuant to subsection (3) of this section.

(3) The commissioner and the State Chemist may refuse registration of any feed manufacturing facility not in compliance with this article and to cancel any registration subsequently found not to be in compliance with any provision of this article. No registration shall be refused, cancelled or suspended unless the registrant shall have been given an opportunity to be heard before the commissioner and State Chemist and to amend his application in order to comply with the requirements of this article.
Miss. Code Ann. § 75-24-167 — MS Code / Title 75 / Chapter 12 / Section 24-167
Miss. Code Ann. § 75-24-167
Status: in_force

(1) A renegotiation occurs when any term of rental-purchase agreement that is required to be disclosed by Section 75-24-159 is changed by agreement between the lessor and consumer. A renegotiation is considered to be a new rental-purchase agreement requiring the lessor to give all the disclosures required by Section 75-24-159 .

(2) A renegotiation shall not include any of the following:

(a) Reinstatement of a rental-purchase agreement in accordance with Section 75-24-163 ;

(b) A lessor's waiver or failure to assert any claim against the consumer;

(c) A deferral, extension or waiver of a portion of a periodic payment or of one or more periodic payments; or

(d) A change, made at the consumer's request, of the date of the week or month on which periodic payments are to be made.
Miss. Code Ann. § 75-45-303 — MS Code / Title 75 / Chapter 12 / Section 45-303
Miss. Code Ann. § 75-45-303
Status: in_force

The following terms shall have the meaning ascribed herein unless the context shall otherwise require:

(a) “Person” shall mean any person, firm, association or corporation.

(b) “Grain” shall mean all grains for which standards have been established pursuant to the United States Grain Standards Act as amended, and rice as defined by the Agriculture Marketing Act of 1946, as amended.

(c) “Grain dealer” shall mean any person engaged in the business of buying grain from producers thereof for resale or for milling or processing. A producer of grain buying grain for his own use as seed or feed shall not be considered as being engaged in the business of buying grain for resale or for milling or processing.

(d) “Producer” shall mean the owner, tenant or operator of land in this state who has an interest in and receives all or any part of the proceeds from the sale of the grain produced thereon.

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

(f) “Commissioner” shall mean the Commissioner of the Mississippi Department of Agriculture and Commerce, or his designated representative.
Miss. Code Ann. § 75-35-27 — MS Code / Title 75 / Chapter 12 / Section 35-27
Miss. Code Ann. § 75-35-27
Status: in_force

The commissioner shall appoint from time to time inspectors to make examination and inspection of all cattle, sheep, swine, goats, horses, mules, and other equines the inspection of which is hereby provided for, and of all carcasses and parts thereof, and of all meats and meat food products thereof, and of the sanitary conditions of all establishments in which such meat and meat food products hereinbefore described are prepared. Said inspectors shall refuse to stamp, mark, tag or label any carcass or any part thereof, or meat food product therefrom, prepared in any establishment hereinbefore mentioned, until the same shall have actually been inspected and found to be not adulterated; and shall perform such other duties as are provided by this chapter and by the rules and regulations to be prescribed by said commissioner. Said commissioner shall, from time to time, make such rules and regulations as are necessary for the efficient execution of the provisions of this chapter, and all inspections and examinations made under this chapter shall be such and made in such manner as described in the rules and regulations prescribed by said commissioner not inconsistent with the provisions of this chapter.
Miss. Code Ann. § 75-41-3 — MS Code / Title 75 / Chapter 12 / Section 41-3
Miss. Code Ann. § 75-41-3
Status: in_force

Every public cotton weigher, and every person who weighs cotton for any warehouse or gin or cotton buyer, shall keep a book or register, in which he shall enter all marks or stamps provided for in Section 75-41-1 appearing upon each bale of cotton weighed by him, and shall allow an inspection of such entries at any time by any person interested to make it. Any person violating any of the provisions of this section shall be guilty of a misdemeanor.
Miss. Code Ann. § 75-33-11 — MS Code / Title 75 / Chapter 12 / Section 33-11
Miss. Code Ann. § 75-33-11
Status: in_force

The commissioner is hereby authorized and empowered to designate or assign any employee of the department of agriculture and commerce to perform and carry out the provisions of this article. Also, he is authorized to employ such other personnel as he may consider necessary to assist him in promulgating the rules and regulations authorized hereunder and employ such other personnel as he may consider necessary to assist him in promulgating the rules and regulations authorized hereunder and employ such inspectors as he may consider necessary for the faithful administration and enforcement of this article and the rules and regulations promulgated hereunder.

The commissioner shall endeavor to appoint, designate and employ persons qualified in the respective job assignments for the enforcement of this article. Any employee may be dismissed at any time for failure to perform the duties required of him.
Miss. Code Ann. § 75-33-17 — MS Code / Title 75 / Chapter 12 / Section 33-17
Miss. Code Ann. § 75-33-17
Status: in_force

It is unlawful to hinder, impede, or prevent any duly authorized agent or employee of the department from entering any establishment in the performance of his duty, or from making any examination duly ordered in enforcing this article.
Miss. Code Ann. § 75-35-1 — MS Code / Title 75 / Chapter 12 / Section 35-1
Miss. Code Ann. § 75-35-1
Status: in_force

This chapter shall be designated as the “Mississippi Meat Inspection Law of 1968.”
Miss. Code Ann. § 75-35-7 — MS Code / Title 75 / Chapter 12 / Section 35-7
Miss. Code Ann. § 75-35-7
Status: in_force

(a) For the purpose of preventing the use in intrastate commerce, as hereinafter provided, of meat and meat food products which are adulterated, the commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all cattle, sheep, swine, goats, horses, mules, and other equine before they shall be allowed to enter into any slaughtering, packing, meat canning, rendering, or similar establishment in this state in which slaughtering and preparation of meat and meat food products of such animals are conducted; and all cattle, sheep, swine, goats, horses, mules, and other equine found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, goats, horses, mules, or other equine, and when so slaughtered, the carcasses of said cattle, sheep, swine, goats, horses, mules, or other equine shall be subject to a careful examination and inspection, all as provided by the rules and regulations to be prescribed by the commissioner as herein provided for.

(b) For the purpose of preventing the inhumane slaughtering of livestock, the commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of the method by which cattle, sheep, swine, ratites, nontraditional livestock, rabbits, goats, horses, mules and other equine are slaughtered and handled in connection with slaughter in the slaughtering establishments inspected under this article. The commissioner may refuse to provide inspection to a new slaughtering establishment or may cause inspection to be suspended temporarily at a slaughtering establishment if the commissioner finds that any cattle, sheep, swine, ratites, nontraditional livestock, rabbits, goats, horses, mules or other equine have been slaughtered or handled in connection with slaughter at such establishment by any method not in accordance with Sections 75-35-21(d) and 75-35-8 until the establishment furnishes assurances satisfactory to the commissioner that all slaughtering and handling in connection with slaughter of livestock shall be in accordance with such a method.
Miss. Code Ann. § 75-15-31 — MS Code / Title 75 / Chapter 12 / Section 15-31
Miss. Code Ann. § 75-15-31
Status: in_force

(1) If any person to whom or which this chapter applies or any agent or representative of that person violates any of the provisions of this chapter or attempts to transact the business of conducting money transmissions as a service or for a fee or other consideration, without having first obtained a license from the commissioner under the provisions of this chapter, that person and each such agent or representative shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than One Hundred Dollars ($100. 00) nor more than Five Hundred Dollars ($500.00), and may also be confined to the county jail for not more than twelve (12) months. Each violation shall constitute a separate offense.

(2) If any person engages in business as provided for in this chapter without paying the license fee provided for in this chapter before beginning business or before the expiration of the person's current license, as the case may be, then the person shall be liable for the full amount of the license fee plus a penalty in an amount not to exceed Twenty-five Dollars ($25.00) for each day that the person has engaged in the business without a license or after the expiration of a license.

(3) The commissioner may, after notice and hearing, impose a civil penalty against any licensee if the licensee or employee is adjudged by the commissioner to be in violation of the provisions of this chapter. The civil penalty shall not exceed Five Hundred Dollars ($500.00) per violation and shall be deposited into the Consumer Finance Fund of the Department of Banking and Consumer Finance.

(4) When the commissioner has reasonable cause to believe that a person is violating any provision of this chapter, the commissioner, in addition to and without prejudice to the authority provided elsewhere in this chapter, may enter an order requiring the person to stop and refrain from the violation. The commissioner may sue in any circuit court of the state having jurisdiction and venue to enjoin the person from engaging in or continuing the violation or from doing any act in furtherance of the violation. In such an action, the court may enter an order or judgment awarding a preliminary or permanent injunction.
Miss. Code Ann. § 75-35-9 — MS Code / Title 75 / Chapter 12 / Section 35-9
Miss. Code Ann. § 75-35-9
Status: in_force

For the purposes hereinbefore set forth, the commissioner shall cause to be made by inspectors appointed for that purpose, as hereinafter provided, a post-mortem examination and inspection of the carcasses and parts thereof of all cattle, sheep, swine, goats, horses, mules, and other equines, capable of use as human food, to be prepared at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment in this state in which such products are prepared. The carcasses and parts thereof of all such animals found to be not adulterated shall be marked, stamped, tagged, or labeled, as “Inspected and Passed”, or appropriate stamp or markings. Said inspectors shall label, mark, stamp, or tag as “Inspected and Condemned”, or appropriate stamp or markings, all carcasses and parts thereof of animals found to be adulterated; and all carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the said establishment in the presence of an inspector. The commissioner may remove inspectors from any such establishment which fails to so destroy any such condemned carcass or part thereof. Said inspectors, after said first inspection shall, when they deem it necessary, reinspect said carcasses or parts thereof to determine whether since the first inspection the same have become adulterated, and if any carcass or any part thereof shall, upon examination and inspection subsequent to the first examination and inspection, be found to be adulterated, it shall be destroyed for food purposes by the said establishment in the presence of an inspector; and the commissioner may remove inspectors from any establishment which fails to so destroy any such condemned carcass or part thereof.
Miss. Code Ann. § 75-24-305 — MS Code / Title 75 / Chapter 12 / Section 24-305
Miss. Code Ann. § 75-24-305
Status: in_force

As used in Sections 75-24-301 through 75-24-311 :

(a) “ Emergency services ” means services performed with the express permission of the insured and that are immediately necessary for:

(i) The preservation of the residential real estate; or

(ii) The health of the insured, owner or possessor.

“Emergency services” does not include inspection of the residential roof system or an estimation of the repair costs.

(b) “ Insured ” means an insured whose name appears on the face of the property and casualty insurance policy that provides coverage for the residential roof system to be repaired.

(c) “ Residential roofing contractor ” means a person or entity contracting or offering to contract with an insured, owner or possessor of a residential roof system to repair or replace a roof system on residential real estate, or any portion thereof, where all or part of the cost is expected to be paid as a benefit of a property and casualty insurance policy.

(d) “ Residential ” means a new or existing dwelling constructed for habitation by one (1) to four (4) families, including a detached garage.

(e) “ Insurance benefits residential roof system repair contract ” means a written contract with an insured to repair a roof system, or any part thereof, on residential real estate, or provide goods and services in connection with such repair, that is to be paid in whole, or in part, under a property and casualty insurance policy.

(f) “ Roof system ” means roof coverings, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, and insulation.
Miss. Code Ann. § 75-12-5 — MS Code / Title 75 / Chapter 12 / Section 12-5
Miss. Code Ann. § 75-12-5
Status: in_force

(a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction.

(b) This chapter does not apply to a transaction to the extent it is governed by:

(1) A law governing the creation and execution of wills, codicils, or testamentary trusts;

(2) The Uniform Commercial Code other than Sections 75-1-107 and 75-1-206 , Article 2 [( Section 75-2-101 et. seq. (sales) )], and Article 2A [( Section 75-2A-101 et. seq. (leases))]; and

(3) Title 75, Chapter 1 General Provisions, other than Section 75-1-107 Waiver or Renunciation of Claim and Section 75-1-206 Statute of Frauds on Miscellaneous Personal Property.

(4) A statute, regulation or other rule of law governing adoption, divorce or other matters of family law. The provisions of this chapter shall not apply to court orders or notices, or official court documents (including briefs, pleadings and other writings) required to be executed in connection with court proceedings; any document required to accompany any transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials; or any notice of (a) the cancellation or termination of utility services (including water, heat and power); (b) default, acceleration, repossession, foreclosure or eviction, or right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual; (c) the cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities); or (d) recall of a product, or material failure of a product, that risks endangering health or safety.

(c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) to the extent it is governed by a law other than those specified in subsection (b).

(d) A transaction subject to this chapter is also subject to other applicable substantive law.
Miss. Code Ann. § 75-55-43 — MS Code / Title 75 / Chapter 12 / Section 55-43
Miss. Code Ann. § 75-55-43
Status: in_force

(1) A refiner, supplier, wholesaler or retailer is not liable for damages caused by the use of incompatible motor fuel dispensed at a retail site if all of the following apply:

(a) The incompatible fuel meets the standards promulgated by the Commissioner of Agriculture and Commerce;

(b) The incompatible fuel is selected by a person other than the retailer, and the retailer includes an employee or agent of the retailer; and

(c) The incompatible fuel is dispensed from a motor fuel dispenser that correctly labels the type of fuel dispensed.

For the purposes of this section, a motor fuel is incompatible with a motor according to the manufacturer of the motor.

(2) For purposes of this section, the following terms shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:

(a) “ Motor fuel ” means gasoline, diesel fuel, substitute fuel, renewable fuel and blended fuel.

(b) “ Refiner ” means a person who owns, operates or otherwise controls a refinery within the United States.

(c) “ Refinery ” means a facility used to produce motor fuel from crude oil, unfinished oils, natural gas liquids, or other hydrocarbons and from which motor fuel may be removed by pipeline, by vessel, or at a rack.

(d) “ Retailer ” means a person who engages in the business of selling or distributing to the end user within this state.

(e) “ Supplier ” means a person who meets all the following conditions:

(i) Is subject to the general taxing jurisdiction of this state;

(ii) Is registered under Section 4101 of the Internal Revenue Code for transactions in taxable motor fuels in the bulk transfer/terminal distribution system; and

(iii) Is one (1) of the following:

1. Is the “position holder” in a terminal or refinery in this state;

2. Imports motor fuel into this state from a foreign country;

3. Acquires motor fuel from a terminal or refinery in this state from a position holder pursuant to a “two-party exchange”;

4. Is the position holder in a terminal or refinery outside this state with respect to motor fuel which that person imports into this state on his account.

A terminal operator is not considered a supplier merely because the terminal operator handles motor fuel consigned to it within a terminal.

(f) “ Terminal operator ” is a person who owns, operates or otherwise controls a terminal and does not use a substantial portion of the motor fuel that is transferred through or stored in the terminal for its own use. “ For its own use ” means for its own consumption or in the manufacture of products other than motor fuel.

(g) “ Wholesaler ” means a person who acquires motor fuel from a supplier or from another wholesaler for subsequent sale and distribution at wholesale by tank cars, motor vehicles or both.
Miss. Code Ann. § 75-40-115 — MS Code / Title 75 / Chapter 12 / Section 40-115
Miss. Code Ann. § 75-40-115
Status: in_force

(1) Whenever it may appear to the Commissioner of Agriculture and Commerce or to his agent, either upon investigation or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act, practice or transaction which is prohibited by any law or regulation governing activities for which a license from the Board of Animal Health is required by this article, whether or not the person has so registered or obtained such a license or permit, the State Veterinarian may issue an order, if he deems it to be in the public interest or necessary for the protection of the citizens of this state, prohibiting such person from continuing such act, practice or transaction or suspending or revoking any such registration, license or permit held by such person.

(2) In situations where persons otherwise would be entitled to a hearing prior to an order entered pursuant to subsection (1) of this section, the State Veterinarian may issue such an order to be effective upon a later date without hearing unless a person subject to the order requests a hearing within ten (10) days after receipt of the order. Failure to make such request shall constitute a waiver of any provision of law for a hearing. The order shall contain or shall be accompanied by a notice of opportunity for hearing stating that a hearing must be requested within ten (10) days of receipt of the notice and order. The order and notice shall be served in person by the State Veterinarian or his agent or by certified mail, return receipt requested. In the case of an individual registered with or issued a license or permit by the Board of Animal Health, receipt of the order and notice will be conclusively presumed five (5) days after the mailing of the order by certified mail, return receipt requested, to the address provided by such person in his most recent registration or license or permit application.

(3) In situations where persons otherwise would be entitled to a hearing prior to an order, the State Veterinarian may issue an order to be effective immediately if the State Veterinarian or his agent has reasonable cause to believe that an act, practice or transaction is occurring or is about to occur; that the situation constitutes a situation of imminent peril to the public safety or welfare; and that the situation therefore requires emergency action. The emergency order shall contain findings to this effect and reasons for the determination. The order shall contain or be accompanied by a notice of opportunity for hearing which may provide that a hearing will be held if and only if a person subject to the order requests a hearing within ten (10) days of the receipt of the order and notice. The order and notice shall be served by the State Veterinarian, or his agent, by certified mail, return receipt requested. In the case of an individual registered with or issued a license or permit by the Board of Animal Health, receipt of the order and notice will be conclusively presumed five (5) days after the mailing of the order by certified mail, return receipt requested, to the address provided by such person in his most recent registration or license or permit application.

(4) Any request for hearing made pursuant to subsections (2) and (3) of this section shall specify: (a) in what respects such person is aggrieved, (b) any and all defenses such person intends to assert at the hearing, (c) affirmation or denial of all the facts and findings alleged in the order, and (d) an address to which any further correspondence or notices in the proceeding may be mailed. Upon such a request for hearing, the State Veterinarian shall schedule and hold the hearing, unless postponed by mutual consent, within thirty (30) days after receipt by the State Veterinarian of the request therefor. The State Veterinarian shall give the person requesting the hearing notice of the time and place of the hearing by certified mail to the address specified in the request for hearing at least fifteen (15) days prior to the time of the hearing.
Miss. Code Ann. § 75-27-221 — MS Code / Title 75 / Chapter 12 / Section 27-221
Miss. Code Ann. § 75-27-221
Status: in_force

Any person, firm, corporation, association, or co-operative violating any of the provisions of this article or any of the rules and regulations promulgated hereunder shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment of not more than three (3) months, or by both such fine and imprisonment. If the commissioner of agriculture and commerce shall find, upon examination or test, that any person, firm or corporation has violated any of the provisions of this article or rules or regulations hereunder, he or his duly authorized agent or agents may institute proceedings in a court of competent jurisdiction to have such person, firm, corporation, association, or co-operative convicted therefor, or the said commissioner may, in his discretion, report the results of such inspection to the district attorney or county attorney having jurisdiction, together with such other evidence of said violation as he shall deem necessary, and any certificate of such inspection or test, properly certified by affidavit shall be competent evidence in any court of this state. It shall be the duty of said district attorney or county prosecuting attorney to institute proceedings at once against the person, or persons, firms, corporations, associations, or co-operatives charged with such violations.
Miss. Code Ann. § 75-44-43 — MS Code / Title 75 / Chapter 12 / Section 44-43
Miss. Code Ann. § 75-44-43
Status: in_force

(1) Every grain warehouse shall be examined by the commissioner each year. The cost of such examination shall be included in the annual license fee. The commissioner, at his discretion, may make additional examinations of any grain warehouse at any time. If any discrepancy is found as a result of additional examination, the cost of such examination is to be paid by the grain warehouseman.

(2) Every grain warehouse shall at least annually send to the commissioner a copy of its financial statement prepared by an accountant licensed by the State of Mississippi and sworn to by the accountant and grain warehouseman.

(3) The commissioner may, in his discretion, require an unqualified audit by an accountant licensed by the State of Mississippi as a requirement for licensing, and inspect the grain warehouse's business, mode of conducting the same, facilities, equipment, inventories, property, books, records, accounts, papers and minutes of proceedings held at such grain warehouse, and any other records deemed relevant to the operation of the grain warehouse by the commissioner.

(4) All scales used for the weighing of property in grain warehouses shall be subject to tests by any scale inspector duly appointed or authorized by the commissioner during regular business hours.
Miss. Code Ann. § 75-56-13 — MS Code / Title 75 / Chapter 12 / Section 56-13
Miss. Code Ann. § 75-56-13
Status: in_force

Antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant shall be deemed to be misbranded:

(a) If it does not bear a label which:

(i) Specifies the brand name of the product, the principal ingredient and the intended use of the product;

(ii) States the name and place of business of the registrant or person for whom registered;

(iii) States the net quantity of contents (in terms of liquid measure) separately and accurately in a uniform location upon the principal display panel; and

(iv) Contains a statement warning of any hazard of substantial injury to human beings which may result from the intended use or reasonable foreseeable misuse of the product as provided by applicable federal and state product safety laws.

(b) If the label on an undiluted product in a container of less than five (5) gallons, or the labeling for a container of five (5) gallons or more, does not contain a statement or chart showing the appropriate amount, percentage, proportion or concentration of the product to be used to provide (i) claimed protection from freezing at a specified degree or degrees of temperature, (ii) claimed protection from corrosion, or (iii) claimed increase of boiling point or protection from overheating.

(c) If the principal ingredient is propylene glycol and the container does not bear a statement on the label not to use a conventional coolant hydrometer for propylene glycol coolants.

(d) If its labeling contains any claim that it has been approved or recommended by the State Chemist.

(e) If its labeling is false, deceptive or misleading.
Miss. Code Ann. § 75-45-309 — MS Code / Title 75 / Chapter 12 / Section 45-309
Miss. Code Ann. § 75-45-309
Status: in_force

(1) Every licensed grain dealer shall be examined by the commissioner each year. The cost of such examination shall be included in the annual license fee. The commissioner, at his discretion, may make additional examinations at any time. If any discrepancy is found as a result of additional examination, the cost of such examination is to be paid by the grain dealer.

(2) The commissioner may inspect the premises used by any grain dealer in the conduct of his business at any time and the books, accounts, records and papers of every such grain dealer shall at all times during business hours be subject to inspection by the commission. Each grain dealer may also be required to make such reports of his activities, obligations and transactions as deemed necessary by the commissioner to protect the producer as set forth in the rules and regulations.

(3) If a grain dealer violates any of the provisions of this article, his license and certificate of license may be removed from his premises by any department employee charged with the enforcement of this article and returned to the department. Such removal shall constitute a suspension of the license.

(4) The commissioner may upon his own motion, and shall upon the verified complaint in writing of any person setting forth facts which if proved would constitute grounds for refusal, suspension or revocation of a license under this article, investigate the actions of any applicant or any person or persons applying for, holding or claiming to hold a license.

(5) The commissioner within ten (10) days after removing and suspending a license as provided in this section or before refusing to issue or renew or before otherwise suspending or revoking a license shall set a date for a hearing thereon and at least ten (10) days prior to the date set for the hearing, shall notify in writing the applicant for or holder of a license, thereinafter called the respondent, that a hearing will be held on the date designated to determine whether the respondent is privileged to hold such license and shall afford the respondent opportunity to be heard in person or by counsel in reference thereto. Such written notice may be served by personal service on the respondent or by mailing the same by registered or certified mail to the place of business last theretofore specified by the respondent in the last application or notification to the department.

(6) At the time and place fixed in the notice, the commissioner shall proceed to hear the matter and any charges made and both the respondent and any complainant shall be accorded opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the matter or charges or to any defenses thereto. The commissioner may continue such hearing from time to time.
Miss. Code Ann. § 75-24-161 — MS Code / Title 75 / Chapter 12 / Section 24-161
Miss. Code Ann. § 75-24-161
Status: in_force

A rental-purchase agreement may not contain:

(a) A confession of judgment;

(b) A negotiable instrument;

(c) A security interest or any other claim of a property interest in any property except that property delivered by the lessor pursuant to the rental-purchase agreement;

(d) A wage assignment;

(e) A waiver by the consumer of claims or defenses;

(f) A provision authorizing the lessor or a person acting on the lessor's behalf to enter upon the consumer's premises without permission or to commit any breach of the peace in the repossession of property;

(g) A provision for a late charge or any other type of charge or penalty for reinstating a rental-purchase agreement in addition to a reinstatement fee; however, a lessor may use the term “late charge” or a similar term to refer to a reinstatement fee; or

(h) A provision for more than one (1) reinstatement fee on any one (1) periodic payment regardless of the period of time for which it remains unpaid.
Miss. Code Ann. § 75-44-51 — MS Code / Title 75 / Chapter 12 / Section 44-51
Miss. Code Ann. § 75-44-51
Status: in_force

At least one (1) actual or skeleton copy of all receipts shall be made and all copies shall have clearly and conspicuously printed or stamped thereon the words “Copy-Not Negotiable.”
Miss. Code Ann. § 75-58-19 — MS Code / Title 75 / Chapter 12 / Section 58-19
Miss. Code Ann. § 75-58-19
Status: in_force

All Non-operators who receive information relating to a gas purchase agreement from an operator in connection with or as required by this chapter shall hold and treat each document as confidential and shall not disclose such documents or the terms thereof to third parties, except those persons required to see said documents in order to decide whether a non-operator should become a consenting non-operator or nonconsenting non-operator. The provisions of this Section 75-58-19 shall have no application to any gas purchase agreement executed by the non-operator.
Miss. Code Ann. § 75-45-161 — MS Code / Title 75 / Chapter 12 / Section 45-161
Miss. Code Ann. § 75-45-161
Status: in_force

A commercial feed shall be labeled as follows:

(1) In case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following information:

(a) The quantity statement.

(b) The product name and the brand name, if any, under which the commercial feed is distributed.

(c) The guaranteed analysis, stated in such terms which the commissioner and State Chemist by regulation determine are required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods such as the methods published by the AOAC International.

(d) The common or usual name of each ingredient used in the manufacture of the commercial feed; the commissioner and State Chemist by regulation may permit the use of a collective term for a group of ingredients which perform a similar function, or they may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if they find that such statement is not required in the interest of consumers.

(e) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.

(f) Adequate directions for use of all commercial feeds containing drugs and for such other feeds as the commissioner and State Chemist may require by regulation as necessary for their safe and effective use.

(g) Such precautionary statements as the commissioner and State Chemist by regulation determine are necessary for the safe and effective use of the commercial feed.

(2) In the case of a customer-formula feed, it shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information:

(a) Name and address of the manufacturer.

(b) Name and address of the purchaser.

(c) Date of delivery.

(d) The product name and brand name, if any, and the net weight of each registered commercial feed used in the mixture, and the net weight of each other ingredient used.

(e) Adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the commissioner and State Chemist may require by regulation as necessary for their safe and effective use of the customer-formula feed.
Miss. Code Ann. § 75-29-801 — MS Code / Title 75 / Chapter 12 / Section 29-801
Miss. Code Ann. § 75-29-801
Status: in_force

The State Board of Health shall have authority to make such sanitary investigations and prepare such rules and regulations governing the sanitation and labeling of bottled drinking water as it may deem necessary for the protection and improvement of health.
Miss. Code Ann. § 75-24-171 — MS Code / Title 75 / Chapter 12 / Section 24-171
Miss. Code Ann. § 75-24-171
Status: in_force

(1) A lessor who fails to comply with the requirements of Sections 75-24-151 through 75-24-175 is liable to the consumer damaged thereby in an amount equal to the greater of:

(a) The actual damages sustained by the consumer as a result of the lessor's failure to comply with Sections 75-24-151 through 75-24-175 ;

(b) Twenty-five percent (25%) of the total of payments necessary to acquire ownership, but not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00); or

(c) Such lessor is also liable to the consumer for the costs of the action and reasonable attorney's fees as determined by the court.

(2) A consumer may not take any action to offset the amount for which a lessor is potentially liable under subsection (1) of this section against any amount owed by the consumer, unless the amount of the lessor's liability has been determined by judgment of a court of competent jurisdiction in an action in which the lessor was a party. This subsection does not bar a consumer then in default on an obligation from asserting a violation of Sections 75-24-151 through 75-24-175 as an original action, or as a defense or counterclaim, to an action brought by a lessor against the consumer.

(3) The provisions of Sections 75-24-151 through 75-24-175 are cumulative with any other rights or remedies available in this state.

(4) No action under this section may be brought in any court of competent jurisdiction more than one (1) year after the date the consumer made his last rental payment or more than one (1) year after the date of the occurrence of the violation that is the subject of the suit, whichever is later.
Miss. Code Ann. § 75-24-217 — MS Code / Title 75 / Chapter 12 / Section 24-217
Miss. Code Ann. § 75-24-217
Status: in_force

The terms “ consumer ,” “ consumer report ” and “ consumer reporting agency ” as used in Sections 75-24-201 through 75-24-217 shall have the same meanings as given to those respective terms in the Fair Credit Reporting Act ( 15 USCS Section 1681 et seq. ), as amended.
Miss. Code Ann. § 75-44-1 — MS Code / Title 75 / Chapter 12 / Section 44-1
Miss. Code Ann. § 75-44-1
Status: in_force

This chapter shall be known as the “Mississippi Grain Warehouse Law.”
Miss. Code Ann. § 75-55-21 — MS Code / Title 75 / Chapter 12 / Section 55-21
Miss. Code Ann. § 75-55-21
Status: in_force

(1) It shall be unlawful to entice into a service station, store, expose for sale, or sell petroleum products so as to deceive or tend to deceive the purchaser as to the nature, quality or identity of the same by false representation or by substitution, mixing, blending, or adulteration, or by the use of disguised signs, camouflaged or falsely labeled containers, tanks, pumps, or other dispensing equipment, or by imitating the design, symbol, or trade name under which recognized brands of such products are generally marketed.

It is provided, however, that nothing in this chapter shall prevent a person, firm, association, or corporation, or their agents or servants from storing, exposing for sale, or selling any such petroleum products under the trade name, sign, symbol, or distinguishing mark adopted and used by such person, firm, association, or corporation in good faith, if such trade name, sign, symbol, or distinguishing mark is not deceitfully similar to that already in general use by any manufacturer or seller of such products.

(2) Persons claiming to offer for sale gasoline or other petroleum products of a higher standard than any legal or customary standard shall label the container or dispensing equipment completely with reference to the special standard claimed and such label shall constitute a full guaranty that the product sold will meet the standards claimed in every particular.

(3) Any person guilty of violating any of the provisions of this section shall be subject to a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for such offense, or imprisonment not to exceed twelve (12) months, or both, and such person shall be enjoined from selling or distributing gasoline, alcohol blended fuel, diesel fuel, kerosene, or oil, in any manner in this state for a period of not less than one (1) year nor more than five (5) years, and any judge or chancellor now authorized to grant injunctions shall grant an injunction enjoining such person from continuing in the gasoline, alcohol blended fuel, diesel fuel, kerosene, or oil business, as prescribed by this section.
Miss. Code Ann. § 75-15-19 — MS Code / Title 75 / Chapter 12 / Section 15-19
Miss. Code Ann. § 75-15-19
Status: in_force

(1)(a) Each licensee shall file with the commissioner within fifteen (15) days of the last business day of each month a report of the total amount of outstanding money transmissions in Mississippi. The principal sum of the surety bond or deposit required in Section 75-15-11 shall be adjusted, if appropriate, to reflect any changes in outstanding money transmissions. Licensees who maintain a surety bond in the principal sum of at least Five Hundred Thousand Dollars ($500,000.00) or a securities deposit having an aggregate market value of at least equal to Five Hundred Thousand Dollars ($500,000.00) shall be required to report the total amount of outstanding money transmissions in Mississippi on a quarterly basis.

(b) Each licensee shall file an annual financial statement with the commissioner, audited by an independent certified public accountant or an independent registered accountant, within five (5) months after the close of the licensee's fiscal year. The financial statement shall include a balance sheet, a profit and loss statement, and a statement of retained earnings of the licensee and the licensee's agents resulting from the business of money transmission.

(2) The commissioner may conduct or cause to be conducted an annual examination or audit of the books and records of any licensee at any time or times he deems proper, the cost of the examination or audit to be borne by the licensee. The refusal of access to the books and records shall be cause for the revocation of its license. The commissioner may charge the licensee an examination fee in an amount not less than Three Hundred Dollars ($300.00) nor more than Six Hundred Dollars ($600.00) for each licensed office, plus any actual expenses incurred while examining the licensee's records or books that are located outside the State of Mississippi.

(3) Each licensee shall maintain the following books and records for a period of five (5) years and the books and records shall be available to the commissioner for inspection:

(a) A record of each money transmission sold;

(b) A general ledger, posted at least monthly, containing all assets, liabilities, capital, income and expense accounts;

(c) Bank statements and bank reconciliation records;

(d) Records of outstanding money transmissions;

(e) Records of each money transmission paid within the five-year period;

(f) A list of the names and addresses of all authorized agents; and

(g) Any other records the commissioner may reasonably require by rule or regulation.

The records required under this section may be maintained in photographic, electronic or other similar form.

(4) Each licensee must maintain a written Bank Secrecy Act/Anti-Money Laundering Program that complies with 31 CFR Section 103.125 , if applicable.

(5) The commissioner may conduct a joint examination with representatives of other departments or agencies of another state or with the federal government. The commissioner may accept an examination report of another state or of the federal government or a report prepared by a certified public accountant instead of conducting an examination. A joint examination or an acceptance of an examination report does not preclude the commissioner from conducting his own examination. The report of a joint examination or an examination report accepted by the commissioner under this section is an official report of the commissioner for all purposes.

(6) The department may adopt the necessary administrative regulations, not inconsistent with state law, for the enforcement of this chapter.
Miss. Code Ann. § 75-35-5 — MS Code / Title 75 / Chapter 12 / Section 35-5
Miss. Code Ann. § 75-35-5
Status: in_force

Meat and meat food products are an important source of the nation's total supply of food. It is essential in the public interest that the health and welfare of consumers be protected by assuring that meat and meat food products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded meat or meat food products are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged meat and meat food products, and result in sundry losses to livestock producers and processors of meat and meat food products, as well as injury to consumers. The unwholesome, adulterated, mislabeled, or deceptively packaged products can be sold at lower prices and compete unfairly with the wholesome, not adulterated, and properly labeled and packaged products, to the detriment of consumers and the public generally. It is hereby found that regulation by the commissioner and cooperation by this state and the United States as contemplated by this chapter are appropriate to protect the health and welfare of consumers and otherwise effectuate the purposes of this chapter.
Miss. Code Ann. § 75-23-31 — MS Code / Title 75 / Chapter 12 / Section 23-31
Miss. Code Ann. § 75-23-31
Status: in_force

As used in this article:

(a) “ Commission ” or “ department ” means the Mississippi Department of Revenue.

(b) “ Cigarette ” means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether such tobacco is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco.

(c) “ Person ” means any individual, firm, association, agency, syndicate, the State of Mississippi, county, municipal corporation or other political subdivision of this state, receiver, trustee, fiduciary or trade association.
Miss. Code Ann. § 75-43-2 — MS Code / Title 75 / Chapter 12 / Section 43-2
Miss. Code Ann. § 75-43-2
Status: in_force

When used in this chapter:

(a) “Person” shall mean individuals, corporations, partnerships and all associations of two (2) or more persons having a joint or common interest.

(b) “Commissioner” shall mean the commissioner of the Mississippi Department of Agriculture and Commerce, or his designated representative.

(c) “Grain” shall mean all grains for which standards have been established pursuant to the United States Grain Standards Act, and shall include rice, as defined by the standards of the United States Department of Agriculture.

(d) “Farm warehouse” shall mean any building, structure or other protected enclosure in this state used for the purpose of storing grain, and which has been licensed pursuant to this chapter.

(e) “Farm warehouseman” shall mean any person who operates a farm warehouse as herein defined.

(f) “Warehouse receipt” shall mean a negotiable grain storage receipt given by the commissioner to a farm warehouseman.
Miss. Code Ann. § 75-29-209 — MS Code / Title 75 / Chapter 12 / Section 29-209
Miss. Code Ann. § 75-29-209
Status: in_force

The commissioner of agriculture and commerce of the State of Mississippi is hereby authorized and empowered, in his discretion, to make and promulgate such rules and regulations as may be necessary to carry out the provisions of this article.
Miss. Code Ann. § 75-33-33 — MS Code / Title 75 / Chapter 12 / Section 33-33
Miss. Code Ann. § 75-33-33
Status: in_force

Any person desiring inspection service over and above the inspection service normally provided by the commissioner for sanitary purposes, and any person desiring a grading service as authorized by this article, shall pay the commissioner for such services. The person requesting such services shall pay the commissioner a sum sufficient to cover the salary or wages of the inspector, or the grader, plus necessary travel and other authorized expenses, and a reasonable sum for administration expenses. All expenses to be paid hereunder shall be that sum agreed upon with the commissioner.

The commissioner is hereby authorized and empowered to recognize and accept any bona fide agreements and arrangements now in existence, or that may hereafter be made, between any person carrying on any business covered by this article and the proper officials of any county and/or municipality wherein local inspection service is to be provided by the county or the municipality as a condition or covenant to the establishing or operating of such business. The commissioner may, in his discretion, enter into an agreement with the appropriate agency of the United States Department of Agriculture to receive financial assistance therefrom in helping carry out the purpose of this article, and to pay a reasonable state-matching contribution as may be required.

The commissioner shall inspect for wholesomeness all plants in operation which are not under federal inspection. Except as otherwise provided herein, the state shall pay the full costs for such inspection after September 1, 1968. After July 1, 2001, the state shall pay the full costs for such inspection services of quail and rabbit processing plants. Provided that so long as funds are available which have been appropriated by the Legislature for product inspection, the commissioner may employ and train inspection personnel and assign such personnel to plants for inspection for wholesomeness. No state funds shall be used for payment of overtime or for grading. Except as otherwise provided herein for inspection services of quail and rabbits, plant management shall reimburse the Mississippi Department of Agriculture and Commerce for inspection services of ratites and other exotic animals that are not regulated by mandate under the Federal Meat Inspection Act or the Federal Poultry Products Inspection Act. Plants requesting such services must make application for voluntary inspection services and obtain an establishment “V” number.
Miss. Code Ann. § 75-24-309 — MS Code / Title 75 / Chapter 12 / Section 24-309
Miss. Code Ann. § 75-24-309
Status: in_force

(1) When any residential roofing contractor in an insurance benefits residential roof system repair contract with an insured commences work before the insured's right to cancel under subsection (2) has expired, the contractor is not allowed to receive payment for such work done before the right to cancel has expired in excess of the scope of work and amount of payment approved by the insurer, if any. The contractor undertakes such work at his own risk that the work may not be covered by the insurance policy.

(2) A person who has entered into an insurance benefits residential roof system repair contract may cancel the residential roof system repair contract within three (3) business days after the insured has received written notice from the insurer in response to an insurance claim filed that all or any part of the claim or residential roof system repair contract is not a covered loss under the insurance policy.

(3)(a) The insured cancels the insurance benefits residential roof system repair contract by giving written notice of cancellation to the residential roofing contractor in person or by mailing it to the address stated in the residential roof system repair contract.

(b) If the notice of cancellation is given by mail, it is effective upon deposit of the notice in the United States mail, postage prepaid, and properly addressed to the residential roofing contractor.

(c) The notice of cancellation is not required to be in a particular form and is sufficient if it expresses in writing an intention of the insured not to be bound by the insurance benefits residential roof system repair contract.

(4)(a) Within ten (10) days after cancellation of an insurance benefits residential roof system repair contract, the residential roofing contractor shall tender to the insured any payments, partial payments, or deposits made and any note or other evidence of indebtedness.

(b) If the residential roofing contractor has performed any emergency services, the residential roofing contractor is entitled to the reasonable value of such emergency services.

(c) If the residential roofing contractor has performed repairs authorized by the insured that are subsequently approved as to scope and amount as a covered loss by the insurer such that the insured is reimbursed by the insurer, then the residential roofing contractor is entitled to payment for such repairs.

(5) Any provision in an insurance benefits residential roof system repair contract that requires the payment of a fee for anything except emergency services is not enforceable against the insured that has cancelled an insurance benefits residential roof system repair contract under this section.
Miss. Code Ann. § 75-57-119 — MS Code / Title 75 / Chapter 12 / Section 57-119
Miss. Code Ann. § 75-57-119
Status: in_force

(1) There is established a propane education and research program to be administered by the Department of Insurance through the State Liquefied Compressed Gas Board, created in Section 75-57-101, Mississippi Code of 1972 , for the purpose of promoting the growth and development of the propane industry in Mississippi.

(2) There is created in the State Treasury a special fund to be designated as the “Mississippi Propane Education and Research Fund.”

(3)(a) There is imposed and levied an assessment of One-tenth Cent ( 1 / 10 ¢) per gallon on compressed gas except for compressed natural gas or liquefied natural gas. The assessment may be increased by not more than One-tenth Cent ( 1 / 10 ¢) per gallon per year and the total assessment shall not exceed One-half Cent ( 1 / 2 ¢) per gallon.

(b) The assessment shall accrue at the same time and in the same manner as the tax levied on compressed gas under the provisions of Section 27-59-11(1), Mississippi Code of 1972 . On or before the fifteenth day of each month the funds collected by the State Tax Commission during the previous month, less three and one-half percent (3- 1 / 2 %) of the gross amount collected, shall be deposited into the special fund created in subsection (2) of this section. The State Tax Commission may retain three and one-half percent (3- 1 / 2 %) of the funds collected under this section as administrative fees.

(c) Disbursements from the special fund created in subsection (2) of this section shall be made upon warrants issued by the State Fiscal Officer upon requisitions signed by the Commissioner of Insurance, or his designee, in the manner provided by law. Any interest earned by investing the proceeds in such special fund shall be credited to such special fund and shall not be deposited in the State General Fund. The State Fiscal Officer may issue warrants for the payment of monies from the special fund, upon requisition by the Commissioner of Insurance, or his designee, for refunds to dealers as provided in subsection (4) of this section.

(4) Any propane dealer may request and receive a refund of the amount of assessment remitted from the sale of propane if he makes a written application with the Department of Insurance by the end of each quarter in which the sales were made, supported by bona fide copies of tax reports. The application forms shall be prepared by the Department of Insurance and shall be available to all retailers. All such applications shall be processed and refunds paid by the Department of Insurance within sixty (60) days after the funds have been received by the department.

(5) At the end of each quarter, the Department of Insurance shall make available to the State Liquefied Compressed Gas Board all unencumbered funds collected under the provisions of this section. The Department of Insurance may retain an amount not to exceed three and one-half percent (3- 1 / 2 %) of the funds collected under the provisions of this section as administrative fees.

(6)(a) Any person liable for the assessment shall be subject to the same requirements and penalties set forth for distributors under the provisions of Section 27-59-1 et seq., Mississippi Code of 1972 .

(b) The State Tax Commission is hereby authorized and empowered to promulgate all rules and regulations necessary for the collection of the assessment.

(7) The State Liquefied Compressed Gas Board shall establish, with the approval of the Commissioner of Insurance, rules and regulations necessary to carry out the provisions of this section.

(8) The State Liquefied Compressed Gas Board may expend the proceeds collected under this section only on research and development of more cost effective uses of propane and on educational programs, safety programs and market development of propane.

(9) This section shall not be implemented until such time as the State Liquefied Compressed Gas Board conducts an election by all licensed propane dealers in this state. Each license holder shall have one (1) vote in such election. A ballot shall be sent to each license holder by certified mail. A majority of those ballots returned within thirty (30) days after the ballots are received by the propane dealers must be in the affirmative before this section is effective. An additional election may be held by the State Liquefied Compressed Gas Board at such time as approved by the Commissioner of Insurance.

(10) The State Liquefied Compressed Gas Board shall notify the State Tax Commission in writing of the imposition of the assessment and of any increase of the assessment. The imposition of the assessment and any increase of the assessment shall become effective on the first day of the second month succeeding the month in which the notice to impose or increase the assessment was given.

(11) The State Liquefied Compressed Gas Board shall notify the State Tax Commission in writing of the abatement or reduction of the assessment. The abatement or reduction of the assessment shall become effective on the last day of the month succeeding the month in which such notice was given.

(12) From and after July 1, 2017, none of the monies deposited in the Mississippi Propane Education and Research Fund may be used to reimburse or otherwise defray any costs that the Department of Insurance may incur in administering the fund.
Miss. Code Ann. § 75-58-17 — MS Code / Title 75 / Chapter 12 / Section 58-17
Miss. Code Ann. § 75-58-17
Status: in_force

Nothing in this chapter shall be construed to limit the right of operators and non-operators to enter into agreements providing for marketing of gas, marketing fees, balancing or any other matter addressed by this chapter. Any such valid agreement shall supersede the provisions of this chapter to the extent said agreement addresses matters covered in this chapter.
Miss. Code Ann. § 75-45-151 — MS Code / Title 75 / Chapter 12 / Section 45-151
Miss. Code Ann. § 75-45-151
Status: in_force

This article shall be known as the “Mississippi Commercial Feed Law of 1972.”
Miss. Code Ann. § 75-47-31 — MS Code / Title 75 / Chapter 12 / Section 47-31
Miss. Code Ann. § 75-47-31
Status: in_force

The commissioner and state chemist are authorized and empowered to cancel the registration of any brand of commercial fertilizer or to refuse to register any brand of commercial fertilizer as herein provided, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of this chapter or any rules and regulations promulgated thereunder: Provided, that no registration shall be revoked or refused until the registrant shall have been given the opportunity to appear for a hearing by the commissioner and state chemist.
Miss. Code Ann. § 75-21-31 — MS Code / Title 75 / Chapter 12 / Section 21-31
Miss. Code Ann. § 75-21-31
Status: in_force

Any corporation failing or refusing to comply with the order of such subpoena duces tecum, when duly served as herein provided, shall be in contempt of court, and shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00).
Miss. Code Ann. § 75-44-45 — MS Code / Title 75 / Chapter 12 / Section 44-45
Miss. Code Ann. § 75-44-45
Status: in_force

Each grain warehouse shall employ, during all regular business hours, a grain inspector (who may be the grain warehouseman himself if such grain warehouseman is a natural person) who shall be responsible for the accuracy of weights and grades noted on all warehouse receipts.
Miss. Code Ann. § 75-55-27 — MS Code / Title 75 / Chapter 12 / Section 55-27
Miss. Code Ann. § 75-55-27
Status: in_force

(1) No retail station pump shall dispense more than one (1) product and station pipelines for gasoline, alcohol blended fuel, diesel fuel, kerosene, fuel oils, or other products shall be entirely separate.

(2) No requirements or provisions of this chapter shall prevent or abridge the use of gasoline, alcohol blended fuel, diesel fuel, kerosene, liquefied compressed gases or other petroleum products for heating or illuminating purposes through the use of special devices approved by the commissioner when not used on a highway.

(3) The provisions of this chapter are not to apply to products unloaded in this state and intended for shipment into another state; provided no portion be offered for sale, and provided further, that all petroleum products so unloaded be reported to the commissioner.

(4) It shall be unlawful for any person to obstruct or hinder in any way the commissioner or his agents in the performance of his duties.

Where self-service pumps and attendant-operated pumps are both operated at the same retail service station, there shall be attached or painted on each such self-service pump or equipment the words “SELF-SERVICE” in letters of not less than one (1) inch in height and not less than seven (7) inches across, on a contrasting background.
Miss. Code Ann. § 75-51-7 — MS Code / Title 75 / Chapter 12 / Section 51-7
Miss. Code Ann. § 75-51-7
Status: in_force

Any storage tank hereafter installed for domestic hot water shall have clearly and indelibly stamped in the metal, or so marked upon a plate welded thereto, or otherwise permanently attached, the maximum allowable working pressure. Such markings shall be in an accessible position outside of the tank so as to make inspection or reinspection readily possible. All storage tanks for domestic hot water shall meet the applicable American Society of Mechanical Engineers or American Gas Association standards.
Miss. Code Ann. § 75-23-7 — MS Code / Title 75 / Chapter 12 / Section 23-7
Miss. Code Ann. § 75-23-7
Status: in_force

(a) It shall be unlawful for any wholesaler or retailer, with intent to injure competitors or destroy or substantially lessen competition, to advertise, offer to sell, or sell, at retail or wholesale, cigarettes at less than cost to such wholesaler or retailer, as the case may be. It shall be unlawful for any wholesaler or retailer with intent to injure competitors or destroy or substantially lessen competition to offer a rebate in price, to give a rebate in price, to offer a concession of any kind or to give a concession of any kind or nature whatsoever in connection with the sale of cigarettes. It shall be unlawful for any retail dealer to induce or attempt to induce or to procure or attempt to procure the purchase of cigarettes at a price less than “cost to wholesaler” and it shall be unlawful for any retail dealer to induce or attempt to induce or to procure or attempt to procure any rebate or concession of any kind or nature whatsoever in connection with the purchase of cigarettes. Any wholesaler or retailer who violates the provisions of this section shall by guilty of a misdemeanor and be punishable by a fine of not more than five hundred dollars ($500.00).

(b) Evidence of advertisement, offering to sell or sale of cigarettes by any wholesaler, or retailer, at less than cost to him, or evidence of any offer of a rebate in price or the giving of a rebate in price or an offer of a concession or the giving of a concession of any kind or nature whatsoever in connection with the sale of cigarettes or the inducing or attempt to induce or the procuring or the attempt to procure the purchase of cigarettes at a price less than cost to the wholesaler or the retailer shall be prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.
Miss. Code Ann. § 75-43-15 — MS Code / Title 75 / Chapter 12 / Section 43-15
Miss. Code Ann. § 75-43-15
Status: in_force

(1) Any person who wilfully makes a false or fraudulent representation in his application for a license or warehouse receipt, or who wilfully removes or permits to be removed from the farm warehouse or warehouses owned or controlled by him, any grain contained in such warehouses while a farm warehouse receipt or receipts issued upon such grain is negotiated, transferred or assigned, without first procuring a release and the consent of the owner of the grain, or who falsely swears as to the true ownership of any such grain, or as to the existence of any security interest, lien or other encumbrance thereon, or who otherwise commits any willful violation of any provision of this chapter, shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine of not more than twenty thousand dollars ($20,000.00) and/or imprisonment for not more than five (5) years.

(2) Any person who negligently commits any of the violations listed in subsection (1) of this section or who otherwise commits any negligent violation of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars ($5,000.00) and/or imprisonment for not more than one (1) year.
Miss. Code Ann. § 75-45-181 — MS Code / Title 75 / Chapter 12 / Section 45-181
Miss. Code Ann. § 75-45-181
Status: in_force

Any person violating any of the provisions of this article or the rules and regulations made by the commissioner and State Chemist pursuant thereto is 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 term not to exceed six (6) months, or both.
Miss. Code Ann. § 75-27-301 — MS Code / Title 75 / Chapter 12 / Section 27-301
Miss. Code Ann. § 75-27-301
Status: in_force

This article shall be cited as the “Bonded Weighmaster's Law.”
Miss. Code Ann. § 75-43-25 — MS Code / Title 75 / Chapter 12 / Section 43-25
Miss. Code Ann. § 75-43-25
Status: in_force

Immediately upon receipt of his license or of any modification or extension thereof, the farm warehouseman shall post the license in a place designated by the commissioner, and thereafter keep it posted until suspended or terminated.
Miss. Code Ann. § 75-43-39 — MS Code / Title 75 / Chapter 12 / Section 43-39
Miss. Code Ann. § 75-43-39
Status: in_force

Every farm warehouse for which there is a warehouse receipt outstanding shall be examined monthly by the commissioner. The cost of such examination shall be included in the annual license fee. The commissioner, at his discretion, may make additional examinations of any public grain warehouse at any time. If any discrepancy is found as a result of additional examination, the cost of such examination is to be paid by the farm warehouseman. The commissioner shall examine and inspect the grain stored in the farm warehouse, and shall determine the quantity of the grain stored in each container in the warehouse. The commissioner shall maintain a record and file of all inspections made of the warehouses and of the results of such inspections.
Miss. Code Ann. § 75-21-9 — MS Code / Title 75 / Chapter 12 / Section 21-9
Miss. Code Ann. § 75-21-9
Status: in_force

Any person, natural or artificial, injured or damaged by a trust and combine as herein defined, or by its effects direct or indirect, may recover all damages of every kind sustained by him or it and in addition a penalty of five hundred dollars ($500.00), by suit in any court of competent jurisdiction. Said suit may be brought against one or more of the parties to the trust or combine and one or more of the officers and representatives of any corporation a party to the same, or one or more of either. Such penalty may be recovered in each instance of injury. All recoveries herein provided for may be sued for in one suit.
Miss. Code Ann. § 75-15-32 — MS Code / Title 75 / Chapter 12 / Section 15-32
Miss. Code Ann. § 75-15-32
Status: in_force

The commissioner, or his duly authorized representative, for the purpose of discovering violations of this chapter and for the purpose of determining whether persons are subject to the provisions of this chapter, may examine persons licensed under this chapter and persons reasonably suspected by the commissioner of conducting business that requires a license under this chapter, including all relevant books, records and papers employed by those persons in the transaction of their business, and may summon witnesses and examine them under oath concerning matters relating to the business of those persons, or such other matters as may be relevant to the discovery of violations of this chapter, including without limitation the conduct of business without a license as required under this chapter.
Miss. Code Ann. § 75-27-211 — MS Code / Title 75 / Chapter 12 / Section 27-211
Miss. Code Ann. § 75-27-211
Status: in_force

It shall be the duty of the commissioner of agriculture and commerce, either by himself or his duly authorized agents, to inspect, examine and test any and all equipment used by such livestock sales establishments, and to check the weights of animals sold at such time, and place, and in such manner as he may deem proper and necessary to carry out the intent of this article. The said commissioner shall also issue such permits and collect such fees as are herein provided. All monies collected under this article shall be paid into the general fund in the state treasury.

Provided further, the commissioner is hereby authorized, upon written request, to test the scales, or other weighing devices, of any person in this state desiring such tests, and if the commissioner finds such scales, or other weighing devices to be accurate, within the approved tolerances, he may place his seal of approval thereon. The commissioner shall charge for such services a sum sufficient to defray the expenses thereof, and no part of such cost shall be paid from other funds of said commissioner. A strict accounting of all sums received for such testing and approval shall be made.
Miss. Code Ann. § 75-60-7 — MS Code / Title 75 / Chapter 12 / Section 60-7
Miss. Code Ann. § 75-60-7
Status: in_force

All receipts of the Commission on Proprietary School and College Registration under this chapter shall be deposited in the State Treasury to the credit of the Commission on Proprietary School and College Registration, and shall be expended only pursuant to appropriation approved by the Legislature and as provided by law.
Miss. Code Ann. § 75-60-27 — MS Code / Title 75 / Chapter 12 / Section 60-27
Miss. Code Ann. § 75-60-27
Status: in_force

The application for an agent permit and an application for renewal thereof shall be accompanied by fees determined by the Mississippi Community College Board. All fees collected for the issuance or renewal of agent permits shall be deposited in the State Treasury to the credit of the Commission on Proprietary School and College Registration.
Miss. Code Ann. § 75-35-23 — MS Code / Title 75 / Chapter 12 / Section 35-23
Miss. Code Ann. § 75-35-23
Status: in_force

(1) No brand manufacturer, printer, or other person, firm, or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the commissioner.

(2) No person, firm, or corporation shall

(a) forge any official device, mark, or certificates;

(b) without authorization from the commissioner, use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate;

(c) contrary to the regulations prescribed by the commissioner, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;

(d) knowingly possess, without promptly notifying the commissioner, or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;

(e) knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the commissioner; or

(f) knowingly represent that any item or product has been inspected and passed, or exempted, under this chapter when, in fact, it has, respectively, not been so inspected and passed, or exempted.
Miss. Code Ann. § 75-13-5 — MS Code / Title 75 / Chapter 12 / Section 13-5
Miss. Code Ann. § 75-13-5
Status: in_force

The plaintiff may discontinue his suit, before verdict, against any of the indorsers, or parties secondarily liable, on payment of the costs that have accrued from joining such party in the suit.
Miss. Code Ann. § 75-13-1 — MS Code / Title 75 / Chapter 12 / Section 13-1
Miss. Code Ann. § 75-13-1
Status: in_force

Any note, or other writing which may be assigned under any of the provisions of Chapter 3 of the Uniform Commercial Code shall, when so assigned in the manner therein provided, carry with the assignment for the benefit of the assignee all liens and other securities securing the same, and the holder may fully enforce the said benefit in any proper proceeding in law or in equity. A claim for the purchase money of land, or any other claim, secured by a legal or equitable lien in or on realty, may be assigned in writing and thereupon have the full benefit of this section. Provided, however, as to all promissory notes, and other writings for the payment of money or other thing, except such notes or writings that are payable to order or bearer, when assigned, the assignee or indorsee of such promissory notes or other writings not payable to order or bearer, may maintain such action thereon, in his own name, as the assignor or indorser could have maintained. In all actions on such assigned promissory notes not payable to order or bearer, bill of exchange or other writing, for the payment of money or other thing not payable to order or bearer, the defendant shall be allowed the benefit of all want of lawful consideration, failure of consideration, payments, discounts and setoffs made, had or possessed against the same, previous to notice of assignment in the same manner as though the suit had been brought by the payee. The assignee or indorsee of any such instrument not payable to order or bearer may maintain an action against the person, or persons, who may have indorsed the same as in case of inland bills of exchange.
Miss. Code Ann. § 75-29-805 — MS Code / Title 75 / Chapter 12 / Section 29-805
Miss. Code Ann. § 75-29-805
Status: in_force

The board shall assess a fee in the following amount and for the following purpose:

Annual bottled drinking water certification fee$200.00

Any increase in the fee charged by the board under this section shall be in accordance with the provisions of Section 41-3-65 .
Miss. Code Ann. § 75-27-25 — MS Code / Title 75 / Chapter 12 / Section 27-25
Miss. Code Ann. § 75-27-25
Status: in_force

The director shall investigate complaints made to him concerning violations of the provisions of this article, and shall, upon his own initiative, conduct such investigations as he deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of the provisions of this article and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.
Miss. Code Ann. § 75-27-59 — MS Code / Title 75 / Chapter 12 / Section 27-59
Miss. Code Ann. § 75-27-59
Status: in_force

(1) Any person who by himself, by his agent, or as the agent of another person, commits any one (1) of the acts enumerated in paragraphs (a) through (j) of this subsection is guilty of a misdemeanor and, upon a first conviction thereof, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), or by imprisonment for not more than three (3) months, or by both such fine and imprisonment; and upon a second or subsequent conviction, he shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. It is unlawful for a person to:

(a) Use or have in possession for the purpose of using for any commercial purpose specified in Section 75-27-23 , sell, offer, or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorrect weight or measure of any device or instrument used to or calculated to falsify any weight or measure.

(b) Use or have in possession for the purpose of current use for any commercial purpose specified in Section 75-27-23 , a weight or measure that does not bear a seal or mark such as is specified in Section 75-27-31 , unless such weight or measure has been exempted from testing by the provisions of Section 75-27-23 , or by a regulation of the director issued under the authority of Section 75-27-19 .

(c) Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation.

(d) Remove from any weight or measure, contrary to law or regulation, any tag, seal, or mark placed thereon by the appropriate authority.

(e) Sell, or offer or expose for sale, less than the quantity he represents of any commodity, thing, or service.

(f) Take more than the quantity he represents of any commodity, thing, or service, when, as buyer, he furnishes the weight or measure by means of which the amount of the commodity, thing, or service is determined.

(g) Keep for the purpose of sale, advertise, or offer or expose for sale, or sell, any commodity, thing, or service in a condition or manner contrary to law or regulation.

(h) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer.

(i) Buy or sell pulpwood by any means other than those prescribed in Section 75-27-39 .

(j) Violate any provision of this article or of the regulations promulgated under the provisions of this article for which a specific penalty has not been prescribed.

(2) Any person who by himself, by his agent, or as the agent of another person, commits any of the acts enumerated in subsection (1) of this section may be assessed by the director, or his designee, an administrative penalty of:

(a) Not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for a first violation;

(b) Not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00) for a second violation committed within twelve (12) months of the first violation; and

(c) Not less than One Thousand Dollars ($1,000.00) nor more than Three Thousand Dollars ($3,000.00) for a third violation committed within eighteen (18) months from the date of the first violation.

(3) Any person, subject to an administrative penalty, shall have a right to request an administrative hearing within thirty (30) days of receipt of the notice of the penalty. The director, or his designee, is authorized to conduct the hearing after giving appropriate notice to the respondent. The decision of the director, or his designee, shall be subject to appropriate judicial review.

(4)(a) If the respondent has exhausted his administrative appeals and the civil penalty has been upheld, he shall pay the civil penalty within thirty (30) days of the effective date of the final decision. If the respondent fails to pay the penalty, a civil action may be brought by the director in any court of competent jurisdiction.

(b) Any civil penalty collected under this section shall be transmitted to the General Fund.
Miss. Code Ann. § 75-27-29 — MS Code / Title 75 / Chapter 12 / Section 27-29
Miss. Code Ann. § 75-27-29
Status: in_force

The director shall have the power to issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue stop-removal orders and removal orders with respect to packages or amounts of commodities kept, offered, or exposed for sale, sold, or in process of delivery, whenever in the course of his enforcement of the provisions of this article he deems it necessary or expedient to issue such orders, and no person shall use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order, or removal order issued under the authority of this section. However, the director must give a five-day written notice to the affected person, business or corporation before issuing a stop-use order on any weighing device with a weight capacity of ten thousand (10,000) pounds or greater.
Miss. Code Ann. § 75-29-203 — MS Code / Title 75 / Chapter 12 / Section 29-203
Miss. Code Ann. § 75-29-203
Status: in_force

The Mississippi Department of Agriculture and Commerce is hereby vested with the authority and responsibility for carrying out the provisions of this article, and the Commissioner of Agriculture and Commerce, or his representative, shall be furnished samples of syrup or syrup products from the individual, firm organization or corporation, upon request, and shall have the products analyzed by the state chemist.
Miss. Code Ann. § 75-24-131 — MS Code / Title 75 / Chapter 12 / Section 24-131
Miss. Code Ann. § 75-24-131
Status: in_force

(1) Any subscription agreement for the purchase of magazines or other periodicals which is made in a telephone solicitation initiated by the seller, or by a person acting on behalf of the seller, and agreed to by the purchaser at his home is subject to cancellation by the purchaser as provided in this section.

(2) In addition to any other right to cancel a subscription (made as described in subsection (1) of this section) which the purchaser may have under the subscription agreement, he has the right to cancel the subscription within six (6) months after the date the first invoice for the cost of the subscription is received. Cancellation occurs when the purchaser gives written notice of cancellation to the seller at the seller's address, or at the address of the subscription department printed in the magazine or periodical or, if no such department is listed, at the general business address of the publication. Notice of cancellation may be given by certified or regular mail, and it is effective on the date it is received by the seller or publisher. Notice of cancellation given by the purchaser need not take a particular form and is sufficient if it indicates by any form of written expression that the purchaser wishes to terminate his subscription.

(3) Within sixty (60) days after notice of cancellation, the seller shall refund to the purchaser any amount which has been paid for the subscription less the amount owed by the purchaser for any magazines or periodicals, and postage thereon, received by the purchaser prior to the notice of cancellation.
Miss. Code Ann. § 75-55-29 — MS Code / Title 75 / Chapter 12 / Section 55-29
Miss. Code Ann. § 75-55-29
Status: in_force

The State Chemist at the Mississippi State University or his assistants provided for herein shall analyze all samples of internal combustion engine fuels, lubricating oils and other like products provided by any person desiring an analysis of said product or provided by the Mississippi Department of Agriculture and Commerce after an inspection. Any person desiring an analysis of a sample of internal combustion engine fuel, lubricating oil or similar products shall pay to the State Chemist the actual cost of such analysis. All funds collected by the State Chemist under the provisions of this chapter shall be paid into a special account to the credit of the Industrial and Agricultural Services Division of the Mississippi State Chemical Laboratory. The cost of analysis of those samples taken by the Mississippi Department of Agriculture and Commerce shall be paid for out of the General Fund, upon appropriation by the Legislature. The certification of such analysis properly certified by affidavit of said chemist or his assistants shall be competent evidence in any court of this state.
Miss. Code Ann. § 75-45-169 — MS Code / Title 75 / Chapter 12 / Section 45-169
Miss. Code Ann. § 75-45-169
Status: in_force

Each person who is liable for the payment of an inspection fee shall:

(a) File, not later than the last day of January of each year, an annual statement, setting forth the number of net tons of commercial feeds distributed in this state during the preceding calendar year, and upon filing such statement shall pay the inspection fee at the rate stated in Section 75-45-167 . Inspection fees which are due and owing and have not been remitted to the Department of Agriculture and Commerce within fifteen (15) days following the due date shall have a penalty fee of ten percent (10%) (minimum Ten Dollars ($10.00)) added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the department from taking other actions as provided in this article.

(b) Keep such records as may be necessary or required by the commissioner to indicate accurately the tonnage of commercial feed distributed in this state; the commissioner shall have the right to examine such records to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided herein shall constitute sufficient cause for the cancellation of the facilities' permit to sell commercial feeds in Mississippi.
Miss. Code Ann. § 75-25-37 — MS Code / Title 75 / Chapter 12 / Section 25-37
Miss. Code Ann. § 75-25-37
Status: in_force

The intent of this chapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. To that end, the construction given the federal act should be examined as persuasive authority for interpreting and construing this chapter.
Miss. Code Ann. § 75-12-35 — MS Code / Title 75 / Chapter 12 / Section 12-35
Miss. Code Ann. § 75-12-35
Status: in_force

(a) Except as otherwise provided in Section 75-12-23(f) , the executive authority of each governmental agency of this State shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.

(b) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a), the executive authority of the governmental agency, giving due consideration to security, may specify:

(1) The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;

(2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;

(3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and

(4) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.

(c) Except as otherwise provided in Section 75-12-23(f) , this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
Miss. Code Ann. § 75-58-9 — MS Code / Title 75 / Chapter 12 / Section 58-9
Miss. Code Ann. § 75-58-9
Status: in_force

(a) On or before ten (10) days after the filing with the board of the initial test results for a gas well or oil well capable of producing gas in commercial quantities, the operator shall furnish, by United States mail, postage prepaid, a copy of the initial test results for the well filed with the board to all non-operators owning a record title interest in the production unit for such well as of a date not more than ninety (90) days prior to the filing with the board of the application to drill.

Upon furnishing the initial test results to all non-operators, the operator shall file with the board a list of all non-operators. Should the address of any non-operator be unknown to the operator after diligent search and inquiry, the operator shall so notify the board, and any such non-operator shall be deemed for all purposes of this chapter as a consenting non-operator.

(b) The operator shall market the gas of all non-operators in a well subject to this chapter except as follows: (1) any non-operator (a “nonconsenting non-operator”) who delivers a written notification to operator's office within thirty (30) days after the mailing to such non-operator the test results required by subsection (a) of this section that such non-operator will be responsible for and will market its share of gas and (2) as otherwise provided herein. After the thirty (30) day notice period has expired, operator shall send a notice to the board identifying which non-operators have elected to be or have been deemed to be consenting non-operators and which non-operators have elected to be nonconsenting non-operators. The operator shall have no obligation to market the gas attributable to any nonconsenting non-operator.

(c) In fulfilling operator's responsibility to market consenting non-operator's gas pursuant to subsection (b) of this section, operator has the continuing option of marketing consenting non-operator's share of gas pursuant to a short-term contract or submitting a qualifying long-term contract to the consenting non-operators.

Should operator desire to market consenting non-operators' share of gas under a long-term contract in a well which is subject to this chapter on or after the date upon which the application to drill the well is filed with the board, operator shall submit by United States mail, postage prepaid, to the consenting non-operators a qualifying long-term contract. Should a consenting non-operator not accept such offer by executing and delivering to the operator at operator's office the qualifying long-term contract within thirty (30) days after the date that operator placed the qualifying long-term contract in the United States mail, then and in such event, the offer to purchase shall be deemed to have expired and such consenting non-operator shall be deemed to have become a non-consenting non-operator at the expiration of such thirty (30) day period, and operator shall thereafter have no further obligation to market the gas owned by that consenting non-operator. The operator shall furnish to the buyer the qualifying long-term contract executed by the consenting non-operators, and shall furnish to the Board a notice designating those consenting non-operators which have become nonconsenting non-operators. Save and except where the buyer of gas is contractually obligated to operator to offer a qualifying long-term contract to the consenting non-operators, nothing herein contained shall be deemed to constitute an obligation on the part of any buyer of gas to offer a qualifying long-term contract. This chapter shall not be construed to enlarge or alter in any way any purchaser's obligations under any gas purchase contract.

In marketing consenting non-operator's share of gas under a short-term contract, operator shall market the gas of the consenting non-operators upon such terms and conditions as a reasonably prudent operator would market such gas; provided, however, that in fulfilling such obligation, operator shall incur no liability to the consenting non-operator save and except as to acts of willful misconduct or gross negligence. In the event operator intends to market consenting non-operator's share of gas under a short-term contract with an affiliate or subsidiary of operator, operator shall so notify the consenting non-operators.

(d) Any consenting non-operator shall have the right to become a nonconsenting non-operator by delivering to operator a written notice thereof at least sixty (60) days prior to any yearly anniversary of the date that the operator filed the initial test results with the board. Such an election shall become effective on the later to occur of: (i) the next anniversary of the date that the operator filed the initial test results with the board, or (ii) the expiration date of the gas purchase agreement then covering the consenting non-operator's share of gas. Operator shall thereafter have no further obligation to market the Gas owned by any consenting non-operator electing to become a nonconsenting non-operator. Operator shall furnish to the board a notice identifying any consenting non-operator who has elected to become a nonconsenting non-operator.

(e) Should a change of operator occur with respect to a well which is subject to this chapter, the successor operator shall furnish to all consenting non-operators within thirty (30) days after assuming operations of such well a notice of change of operator.

Any consenting non-operator shall have the right to become a nonconsenting non-operator by furnishing to the successor operator a written notice advising the successor operator of same within thirty (30) days after the operator places in the United States mail, postage prepaid, the notice required by this subsection (e), with such consenting non-operator to become a nonconsenting non-operator effective on the later to occur of (i) the expiration date of the gas purchase agreement then covering such consenting non-operator's share of gas, or (ii) the first day of the second month after the date of the consenting non-operator's written notice to the successor operator. Operator shall send a notice to the board identifying any consenting non-operators who have elected to become nonconsenting non-operators.

As to the remaining consenting non-operators, the successor operator shall market the gas of such consenting non-operators in accordance with the terms and provisions of this chapter.

(f) The net proceeds from the sale of the consenting non-operator's share of gas production shall be paid by the buyer to the operator. The operator shall not be responsible for the payment of any taxes or encumbrances with respect to the net proceeds except as specifically provided herein. The operator shall pay, for and on behalf of itself and the consenting non-operators, any severance, privilege and/or maintenance taxes due on the production of gas marketed by the operator. Save and except as otherwise provided in this chapter, or by law, the net proceeds derived from the first sale of the consenting non-operator's share of gas shall be paid by the operator to the consenting non-operators within one hundred twenty (120) days after the date of receipt by the operator of the net proceeds derived for such first sale of production, and thereafter no later than sixty (60) days after the date of receipt by the operator of the net proceeds for subsequent production of the consenting non-operator's share of gas. Save and except as provided by Section 53-3-7, Mississippi Code of 1972 , the consenting non-operators shall be and shall remain responsible for the payment of any proceeds due any royalty, overriding royalty and/or production payment which burden and/or encumber the interest of such consenting non-operators, and the operator shall have no liability to any owner of royalty, overriding royalty and/or production payment which burdens and/or encumbers the interest of the non-operators where the operator pays the net proceeds derived from the sale of the consenting non-operator's share of gas as herein provided. The operator and the consenting non-operators shall have no liability to any owner of royalty, overriding royalty and/or production payment which burdens and/or encumbers the interest of the nonconsenting non-operators.

(g) A non-operator's rights under this chapter shall not be affected by his status as a consenting or nonconsenting owner under Section 53-3-7, Mississippi Code of 1972; provided, however, during any period of the recovery of cost or alternate charges, the share of production from the pooled unit well attributable to the nonconsenting owner's nonconsenting interests therein shall be delivered to his purchaser or market, if any, with the proceeds received therefrom to be paid by the purchaser to the operator for the account of the operator and the appropriate consenting owners; if, however, the nonconsenting owner does not have a purchaser or market which is taking the production, then such share of production shall be sold by the operator to the operator's purchaser or market, with the proceeds received therefrom to be paid by the purchaser to the operator for the account of the operator and the appropriate consenting owners.
Miss. Code Ann. § 75-60-25 — MS Code / Title 75 / Chapter 12 / Section 60-25
Miss. Code Ann. § 75-60-25
Status: in_force

The application for an agent permit shall be made on forms to be furnished by the Commission on Proprietary School and College Registration. Any agent permit applied for shall be granted or denied within sixty (60) days of the receipt of the application therefor by the commission. If the commission has not completed its determination with respect to the issuance of an agent permit within such sixty-day period, it shall issue a temporary agent permit to the applicant, which permit is sufficient to meet the requirements of Section 75-60-23 until such time as such determination is made. Upon approval for an agent permit, the commission shall issue a permit to the person, giving his or her name, agent permit number and the name and campus location of his or her employing school, and certifying that the person whose name appears on the permit is an authorized agent of the school. An agent permit is valid for one (1) year from the date on which it was issued.
Miss. Code Ann. § 75-44-15 — MS Code / Title 75 / Chapter 12 / Section 44-15
Miss. Code Ann. § 75-44-15
Status: in_force

If a grain warehouseman desires to renew his license for an additional year, application for such renewal shall be made on a form prescribed by the commissioner. At least sixty (60) days prior to the expiration of each license, the commissioner shall notify each grain warehouseman of the date of such expiration and furnish such grain warehouseman with the renewal form.
Miss. Code Ann. § 75-47-13 — MS Code / Title 75 / Chapter 12 / Section 47-13
Miss. Code Ann. § 75-47-13
Status: in_force

All fertilizer registrants transacting, distributing or selling commercial fertilizer to a nonregistrant shall file with the commissioner an annual report showing the county code of the consignee, each grade of commercial fertilizer, the amounts in tons, the Uniform Fertilizer Tonnage Reporting System (UFTRS) code, the form in which the fertilizer was distributed (bag, bulk or liquid) and the use (farm or nonfarm). This report of tonnage sold shall be reported by one (1) of the following methods:

(a) Submitting a summary report on forms furnished by the commissioner; or

(b) Submitting an electronic disk format or text file acceptable to the UFTRS. Each reporting method shall be as set forth in Section 75-47-11(2) . No information furnished to the commissioner under this section shall be disclosed in such a way as to divulge the methods of operation of any registrant.
Miss. Code Ann. § 75-21-25 — MS Code / Title 75 / Chapter 12 / Section 21-25
Miss. Code Ann. § 75-21-25
Status: in_force

No person called as a witness in any prosecution or proceeding to enforce the antitrust laws of this state, though himself a defendant therein, or an officer, attorney, agent or employee of a defendant or stockholder in a defendant corporation, shall be excused from testifying upon the ground that his evidence might criminate or tend to criminate himself; but every person, otherwise competent, when called as a witness in such cases, shall be required to testify and to disclose all facts known to him which are pertinent to the issue.
Miss. Code Ann. § 75-27-51 — MS Code / Title 75 / Chapter 12 / Section 27-51
Miss. Code Ann. § 75-27-51
Status: in_force

Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half ( 1 / 2 ) the height and width of the numerals representing the whole cent; provided, however, the provisions of this section shall not apply to signs and requirements enumerated in Section 75-55-9, Mississippi Code of 1972 . A person who is found guilty of the misrepresentation of the price of a commodity or the representation of a price in any manner calculated or tending to mislead or deceive an actual or prospective purchaser shall be assessed a civil penalty by the director or his designee in the amount of not less than One Hundred Dollars ($100.00) for the first offense and not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each subsequent offense. Each violation shall constitute a separate offense. The commissioner or his designee shall afford the person an opportunity for a hearing to show cause why the penalty should not be assessed.
Miss. Code Ann. § 75-31-505 — MS Code / Title 75 / Chapter 12 / Section 31-505
Miss. Code Ann. § 75-31-505
Status: in_force

(1) Except as provided by subsection (2) of this section, a milk processor shall hold in trust all payments received from the sale of milk or milk products for the benefit of the dairy farmer from whom the milk was purchased until the dairy farmer has received full payment of the purchase price for the milk.

(2) A milk processor shall not be required to maintain the payments in trust when:

(a) Payment of the purchase price is not received and the dairy farmer does not give written notice to the milk processor by the end of the thirtieth day after the final date for payment of the purchase price as specified by Section 75-31-507 ; or

(b) A payment instrument received by dairy farmer is dishonored, and the dairy farmer does not give written notice to the milk processor, by the end of the fifteenth business day after the date that the notice of dishonor was received.
Miss. Code Ann. § 75-49-11 — MS Code / Title 75 / Chapter 12 / Section 49-11
Miss. Code Ann. § 75-49-11
Status: in_force

The commissioner, acting through the Chief Deputy State Fire Marshal and the Factory Built Division of the Insurance Department, is hereby charged with the administration of this chapter. The commissioner may make and amend, alter or repeal, general rules and regulations of procedure for carrying into effect all provisions of this chapter, for obtaining statistical data respecting manufactured, mobile and modular homes, for establishing bonding and insurance requirements for the licensure of manufacturers, modular contractors, developer retailers and transporters or installers of factory-built homes, and to prescribe means, methods and practices to make effective such provisions, and he may make such investigations and inspection as in his judgment are necessary to enforce and administer this chapter.

The commissioner is authorized and empowered to require each manufacturer, modular contractor, developer, retailer and transporter or installer of factory-built homes to establish and maintain such records, make such reports and provide such information as he may reasonably require to determine whether the manufacturer, modular contractor, developer, retailer, transporter or installer has acted or is acting in compliance with this chapter and the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended ( 42 USCS 5401 et seq. ) and as amended by the Manufactured Housing Improvement Act of 2000, and other rules and regulations prescribed according to this chapter. The commissioner, or a person duly designated by the commissioner, is authorized to inspect appropriate books, papers, records and documents of any manufacturer, modular contractor, developer, retailer, transporter or installer of factory-built homes which are relevant to determining if the licensee has acted or is acting in compliance with this chapter and the Federal Manufactured Home Construction and Safety Standards ( 24 CFR Section 3280 ) and other rules and regulations prescribed according to this chapter.
Miss. Code Ann. § 75-24-21 — MS Code / Title 75 / Chapter 12 / Section 24-21
Miss. Code Ann. § 75-24-21
Status: in_force

It shall be the duty of the district and county attorneys to lend to the attorney general such assistance as the attorney general may request in the commencement and prosecution of actions pursuant to this chapter. The district attorney and county attorney shall, within their respective jurisdictions, have the same duty and responsibility under this chapter as that of the attorney general statewide in the enforcement thereof, and they shall prosecute actions hereunder in the same manner as provided for the attorney general. When any action is prosecuted by such district or county attorney alone or in concert, he or they shall make a full report thereon to the attorney general, including the final disposition of the matter.

When any action has been prosecuted by a district or county attorney, at the request of the attorney general, the attorney general is authorized to pay the actual cost and expense of such action after same has been submitted to and approved by the court in which the action was taken, subject always to the final approval of the attorney general.

The attorney general may establish programs for the education of the public with respect to this chapter.
Miss. Code Ann. § 75-33-19 — MS Code / Title 75 / Chapter 12 / Section 33-19
Miss. Code Ann. § 75-33-19
Status: in_force

Any agent authorized under this article to examine, may, under the rules and regulations prescribed by the commissioner, mark, stamp, or otherwise designate, any animal or meat or meat-food product found on examination to be wholesome and fit for food.
Miss. Code Ann. § 75-25-25 — MS Code / Title 75 / Chapter 12 / Section 25-25
Miss. Code Ann. § 75-25-25
Status: in_force

(a) Subject to the principles of equity, the owner of a mark which is famous and distinctive, inherently or through acquired distinctiveness, in this state shall be entitled to an injunction against another person's commercial use of a mark or trade name, if such use begins after the mark has become famous and is likely to cause dilution of the famous mark, and to obtain such other relief as is provided in this section.

(b) A mark is famous if it is widely recognized by the general consuming public of this state or a geographic area in this state as a designation of source of the goods or services of the mark's owner. In determining whether a mark is famous, a court may consider factors such as, but not limited to:

(1) The duration, extent, and geographic reach of advertising and publicity of the mark in this state, whether advertised or publicized by the owner or third parties;

(2) The amount, volume, and geographic extent of sales of goods or services offered under the mark in this state;

(3) The extent of actual recognition of the mark in this state; and

(4) Whether the mark is the subject of a state registration in this state, or a federal registration under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register under the Trademark Act of 1946, as amended.

(c) In an action brought under this section, the owner of a famous mark shall be entitled to injunctive relief throughout the geographic area in which the mark is found to have become famous prior to commencement of the junior use, but not beyond the borders of this state. If the person against whom the injunctive relief is sought willfully intended to cause dilution of the famous mark, then the owner shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the court and the principles of equity.

(d) The following shall not be actionable under this section:

(1) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services, including use in connection with:

(A) Advertising or promotion that permits consumers to compare goods or services; or

(B) Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner;

(2) Noncommercial use of the mark; and

(3) All forms of news reporting and news commentary.
Miss. Code Ann. § 75-23-5 — MS Code / Title 75 / Chapter 12 / Section 23-5
Miss. Code Ann. § 75-23-5
Status: in_force

The following words, terms and phrases, when used in the Unfair Cigarette Sales Law, shall have the meaning ascribed to them in this section except where the context clearly indicates a different meaning:

(a) “ Person ” shall mean and include any individual, firm, association, company, partnership, corporation, joint stock company, club, agency, syndicate, the State of Mississippi, county, municipal corporation or other political subdivision of this state, receiver, trustee, fiduciary, or trade association.

(b) “ Commission ” or “ department ” shall mean the Department of Revenue of the State of Mississippi.

(c) “ Cigarettes ” shall mean and include any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not such tobacco is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material, excepting tobacco.

(d) “ Wholesaler ” shall mean and include any person qualified as a wholesaler with the Department of Revenue of Mississippi and shall also mean and include any person other than a buying pool as defined herein, wherever resident or located, who brings or causes to be brought into this state unstamped cigarettes purchased directly from the manufacturer thereof and who maintains an established place of business where substantially all of the business is the sale of cigarettes and related merchandise at wholesale to cigarette licensees and where at all times a substantial stock of cigarettes and related merchandise is available for resale; provided, that seventy-five percent (75%) thereof are sold to retailers or other wholesalers not connected with the wholesaler by reason of any business connection or otherwise; and also any person retailing cigarettes to consumers, provided, at least seventy-five percent (75%) of his purchases are made directly from the manufacturers thereof; and also any person in this state other than a buying pool as defined herein, who purchases cigarettes, from any other person who purchases from a manufacturer at least seventy-five percent (75%) of which are for purposes of resale to retailers in this state not connected with said wholesaler by reason of any business connection or otherwise and who maintains an established place of business where cigarettes and related merchandise are sold at wholesale to persons licensed under this law, and where at all times a substantial stock of cigarettes and related merchandise is available to all retailers for resale; and also any person in this state who acquires cigarettes solely for the purpose of resale in cigarette vending machines; provided, such person operated thirty (30) or more machines.

(e) “ Retailer ” shall mean and include any person who is engaged in this state in the business of selling cigarettes at retail and includes any group of persons, cooperative organizations, buying pools, and any other person or group of retailers purchasing cigarettes on a cooperative basis from licensed distributors or wholesalers. Any person placing a cigarette vending machine at, on or in any premises shall be deemed to be a retailer from each such vending machine.

(f) “ Buying pool ” means and includes any combination, corporation, association, affiliation or group of retail dealers operating jointly in the purchase, sale, exchange, or barter of cigarettes, the profits of which accrue directly or indirectly to such retail dealers.

(g) “ Sale ” or “ sell ” shall mean any transfer for a consideration, exchange, barter, gift, offer for sale, advertising for sale, soliciting an order for cigarettes and distribution in any manner or by any means whatsoever.

(h) “ Sell at wholesale ,” “ sale at wholesale ” and “ wholesale sales ” shall mean and include any sale made in the ordinary course of trade or usual conduct of the wholesaler's business to a retailer for the purpose of resale.

(i) “ Sell at retail ,” “ sale at retail ” or “ retail sales ” shall mean and include any sale for consumption or use made in the ordinary course of trade or usual conduct of the seller's business.

(j) “ Basic cost of cigarettes ” shall mean whichever of the two (2) following amounts is lower, namely, (i) the invoice cost of cigarettes to the wholesaler or retailer, as the case may be, or (ii) the lowest replacement cost of cigarettes to the wholesaler or retailer, as the case may be, within thirty (30) days prior to the date of sale, in the quantity last purchased (whether within or before the thirty-day period), less, in either of the two (2) cases, all trade discounts except customary discounts for cash, plus the full face value of any stamps or any tax which may be required by any cigarette tax act of this state or political subdivision thereof, now in effect or hereafter enacted, if not already included in the invoice cost of the cigarettes to the wholesaler or retailer, as the case may be.

(k)(i) “ Cost to wholesaler ” shall mean the basic cost of the cigarettes involved to the wholesaler plus the cost of doing business by the wholesaler as evidenced by the standards and methods of accounting regularly employed by him, and must include, without limitation, labor costs (including salaries of executives and officers), rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance and advertising.

(ii) In the absence of proof of a lesser or higher cost of doing business by the wholesale dealer making the sale, the cost of doing business by the wholesale dealer shall be presumed to be two percent (2%) of the basic cost of cigarettes to the wholesale dealer, any fraction of a cent thus computed shall be rounded off to the next highest cent, plus cartage to the retail outlet, if performed or paid for by the wholesale dealer, which cartage cost, in the absence of proof of a lesser or higher cost, shall be presumed to be one-half of one percent ( 1 / 2 of 1%) of the basic cost of the cigarettes to the wholesale dealer, any fraction of a cent in computing the amount of the cartage shall be rounded off to the next highest cent.

(l)(i) “ Cost to the retailer ” shall mean the basic cost of the cigarettes involved to the retailer plus the cost of doing business by the retailer as evidenced by the standards and methods of accounting regularly employed by him and must include, without limitation, labor (including salaries of executives and officers), rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance and advertising.

(ii) In the absence of proof of a lesser or higher cost of doing business by the retailer making the sale, the cost of doing business by the retailer shall be presumed to be six percent (6%) of the basic cost of cigarettes to the retailer. Any fraction of a cent thus computed shall be rounded off to the next highest cent.

(iii) In the case of any retail dealer who in connection with the retail dealer's purchase of any cigarettes shall receive not only the discounts ordinarily allowed upon purchases by a retail dealer but also in whole or in part the discounts ordinarily allowed upon purchases by a wholesale dealer, the cost of doing business by the retail dealer with respect to the cigarettes shall be, in the absence of proof of a lesser or higher cost of doing business by the retail dealer, the sum of the cost of doing business by the retail dealer and, to the extent that he shall have received the full discounts ordinarily allowed to a wholesale dealer, the cost of doing business by a wholesale dealer as hereinabove defined in paragraph (j)(ii) of this section.
Miss. Code Ann. § 75-24-11 — MS Code / Title 75 / Chapter 12 / Section 24-11
Miss. Code Ann. § 75-24-11
Status: in_force

The court may make such additional orders or judgments, including restitution, as may be necessary to restore to any person in interest any monies or property, real or personal, which may have been acquired by means of any practice prohibited by this chapter, including the appointment of a receiver or the revocation of a license or certificate authorizing that person to engage in business in this state, or both.
Miss. Code Ann. § 75-40-101 — MS Code / Title 75 / Chapter 12 / Section 40-101
Miss. Code Ann. § 75-40-101
Status: in_force

This article may be cited as the “Mississippi Bird Dealers Licensing Act.”
Miss. Code Ann. § 75-13-7 — MS Code / Title 75 / Chapter 12 / Section 13-7
Miss. Code Ann. § 75-13-7
Status: in_force

The clerk or justice of the peace shall indorse on all executions issued on judgments rendered in suits on promissory notes and bills of exchange the names of the makers, drawers, acceptors, and indorsers, so as to designate the order in which they are liable. The sheriff or other officer shall make the money on such executions out of the property of the maker or makers, acceptor or acceptors. It shall not be lawful to levy on the property of the indorsers unless sufficient property of the makers, drawers, or acceptors cannot be found by the sheriff out of which the plaintiff's money and costs can be made; and, in that case, the sheriff may proceed with the execution against the defendant next liable, and so on, until the execution be satisfied.
Miss. Code Ann. § 75-60-17 — MS Code / Title 75 / Chapter 12 / Section 60-17
Miss. Code Ann. § 75-60-17
Status: in_force

The application for a certificate of registration shall be accompanied by a surety bond with conditions and in a form prescribed by the Commission on Proprietary School and College Registration with at least one (1) corporate bonding company approved by the Department of Insurance as surety thereon. The bond shall provide for the indemnification of any person suffering loss as the result of any false certification, school closure, any fraud or misrepresentation used in behalf of the principal in procuring such person's enrollment in a course of instruction, including repayment of tuition paid in advance by any student. The bond shall provide for the reimbursement of the commission of any actual administrative costs associated with an institution ceasing operations. The term of the bond shall be continuous, but it shall be subject to cancellation by the surety in the manner described in this section. The bond shall provide blanket coverage for the acts of all persons engaged as agents of the school without naming them and without regard to the time they are engaged during the term of the bond.

First priority for the use of surety bonds shall be given to students impacted by the closing of the proprietary school.

The surety may terminate the bond upon giving a sixty-day written notice to the principal and to the Commission on Proprietary School and College Registration, but the liability of the surety for acts of the principal and its agents shall continue during the sixty (60) days of cancellation notice. The notice does not absolve the surety from liability which accrues before the cancellation becomes final but which is discovered after that date and which may have arisen at any time during the term of the bond. Unless the bond is replaced by that of another surety before the expiration of the sixty (60) days' notice of cancellation, the certificate of registration shall be suspended. Any person subject to this chapter required to file a bond with an application for a certificate of registration may file, in lieu thereof, cash, a certificate of deposit, or government bonds of the same dollar value as the prescribed bond. Said deposit is subject to the same terms and conditions as are provided for in the surety bond required herein. Any interest or earnings on such deposits are payable to the depositor.
Miss. Code Ann. § 75-45-311 — MS Code / Title 75 / Chapter 12 / Section 45-311
Miss. Code Ann. § 75-45-311
Status: in_force

If a grain dealer should fail or refuse to make payment to a producer for grain purchased when such payment is requested by the producer and the request is made within one hundred sixty (160) days of the date of sale or the date of delivery of such grain to the dealer, whichever is later, but in case of deferred pricing, delayed pricing, priced-later, or similar contractual arrangements, no more than two hundred seventy (270) days after the date of delivery, the producer may notify the commissioner in writing, by certified mail when possible, of such failure or refusal within the period of one hundred sixty (160) days or ten (10) days thereafter. The commissioner upon receiving such notice shall take whatever action is necessary. The producer furnishing such written notice within the prescribed length of time is entitled to the benefits of the grain dealer's bond. However, if a producer fails to furnish written notice to the commissioner within the prescribed time, then such producer is not entitled to any benefits under the grain dealer's bond. Grain dealer liability under priced-later contracts, open-priced contracts, deferred price contracts, or similar agreements shall accrue under the bond in effect at the date of default as determined by the commissioner.
Miss. Code Ann. § 75-24-15 — MS Code / Title 75 / Chapter 12 / Section 24-15
Miss. Code Ann. § 75-24-15
Status: in_force

(1) In addition to all other statutory and common law rights, remedies and defenses, any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by the seller, lessor, manufacturer or producer of a method, act or practice prohibited by Section 75-24-5 may bring an action at law in the court having jurisdiction in the county in which the seller, lessor, manufacturer or producer resides, or has his principal place of business or, where the act or practice prohibited by Section 75-24-5 allegedly occurred, to recover such loss of money or damages for the loss of such property, or may assert, by way of setoff or counterclaim, the fact of such loss in a proceeding against him for the recovery of the purchase price or rental, or any portion thereof, of the goods or services.

(2) In any private action brought under this chapter, the plaintiff must have first made a reasonable attempt to resolve any claim through an informal dispute settlement program approved by the Attorney General.

(3) In any action or counterclaim under this section of this chapter, a prevailing defendant may recover in addition to any other relief that may be provided in this section costs and a reasonable attorney's fee, if in the opinion of the court, said action or counterclaim was frivolous or filed for the purpose of harassment or delay.

(4) Nothing in this chapter shall be construed to permit any class action or suit, but every private action must be maintained in the name of and for the sole use and benefit of the individual person.

(5) In any claim under this section filed on behalf of a veteran that charges the veteran a fee for the service shall include a form signed by the veteran acknowledging that “THE STATE OF MISSISSIPPI THROUGH THE MISSISSIPPI STATE VETERANS AFFAIRS BOARD OFFERS THE SAME OR SIMILAR SERVICE FREE OF CHARGE.” The veteran must sign this form stating that he/she has read and understands it. The statement signed by the veteran shall be of a BOLD font at least one hundred twenty percent (120%) larger than the font of the claim document filed on behalf of the veteran.
Miss. Code Ann. § 75-24-351 — MS Code / Title 75 / Chapter 12 / Section 24-351
Miss. Code Ann. § 75-24-351
Status: in_force

The following words shall have the following meaning, unless the content clearly states otherwise:

(a) “ Affiliated person ” means a person under common ownership or control of an intended recipient.

(b) “ Intended recipient ” means a person who purchases, rents, leases or otherwise obtains a product or service in the commercial market that is not for resale in the ordinary business and that is, or later becomes, the subject of a patent infringement allegation.

(c) “ Person ” means any natural person, partnership, corporation, company, trust, business entity or association, and any agent, employee, partner, officer, director, member, associate, or trustee thereof.
Miss. Code Ann. § 75-24-155 — MS Code / Title 75 / Chapter 12 / Section 24-155
Miss. Code Ann. § 75-24-155
Status: in_force

(1) Rental-purchase agreements as defined in Sections 75-24-151 through 75-24-175 are not governed by the laws relating to:

(a) A consumer credit sale as defined in Section 75-66-1(2) ;

(b) Loans, interest, finance charges, credit or installment sales as those terms are used in Mississippi statutes;

(c) A security interest as defined in Section 75-1-201 of the Uniform Commercial Code .

(2) Sections 75-24-151 through 75-24-175 do not apply to the following:

(a) Rental-purchase agreements primarily for business, commercial or agricultural purposes, or those made with governmental agencies or instrumentalities or with organizations;

(b) A lease of a safe deposit box;

(c) A lease or bailment of personal property which is incidental to the lease of real property and which provides that the consumer has no option to purchase the leased property; or

(d) A lease of an automobile.
Miss. Code Ann. § 75-27-103 — MS Code / Title 75 / Chapter 12 / Section 27-103
Miss. Code Ann. § 75-27-103
Status: in_force

It is hereby made a misdemeanor for any person or corporation to sell or buy any of the foregoing commodities on short weights in violation of the above schedule of rates and any such person or corporation upon conviction shall be punished by a fine of not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00).
Miss. Code Ann. § 75-24-175 — MS Code / Title 75 / Chapter 12 / Section 24-175
Miss. Code Ann. § 75-24-175
Status: in_force

Each provision of a contract under Sections 75-24-151 through 75-24-175 shall contain a provision to be signed or initialed by the lessee.
Miss. Code Ann. § 75-26-19 — MS Code / Title 75 / Chapter 12 / Section 26-19
Miss. Code Ann. § 75-26-19
Status: in_force

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Miss. Code Ann. § 75-31-229 — MS Code / Title 75 / Chapter 12 / Section 31-229
Miss. Code Ann. § 75-31-229
Status: in_force

This article shall apply to farm milk tanks which have already been installed and such tanks shall be required to meet the standards and specifications provided by this article. The commissioner of agriculture and commerce shall allow a reasonable time within which such farm milk tanks may be brought up to standard.
Miss. Code Ann. § 75-31-213 — MS Code / Title 75 / Chapter 12 / Section 31-213
Miss. Code Ann. § 75-31-213
Status: in_force

(1) Gauge rod. When properly seated in position, a rod shall not touch the bottom of the tank unless this is required by the design of the supporting elements. The rod shall be graduated throughout at intervals corresponding to the gallonage range within which the readings of liquid level to be made. Farm holding tanks shall be so constructed that nothing shall prevent vertical insertion of the gauge rod. That part of the gauge rod designed to hold the gauge rod in the gauge rod bracket and which comes in contact with the gauge and bracket, shall be sufficiently hardened that, under continual usage or careless handling, it will not become so worn that it will permit the gauge rod to hang to an improper depth in the tank, thereby causing an error in the measuring of the milk in the tank.

(2) Surface gauge. When properly engaged with its bracket and set to its lowest position, the surface gauge shall not touch the bottom of the tank. The gauge shall be graduated throughout at intervals corresponding to the gallonage range within which the readings of liquid level are to be made.
Miss. Code Ann. § 75-57-113 — MS Code / Title 75 / Chapter 12 / Section 57-113
Miss. Code Ann. § 75-57-113
Status: in_force

No regulations may be issued affecting the price or allocation of liquefied compressed gas, allocation of markets between liquefied compressed gas suppliers or the terms and conditions of providing liquefied compressed gas service.
Miss. Code Ann. § 75-56-3 — MS Code / Title 75 / Chapter 12 / Section 56-3
Miss. Code Ann. § 75-56-3
Status: in_force

The following words and phrases have the following meanings respectively ascribed to them in this section, unless the context clearly describes and indicates a different meaning:

(a) “ Commissioner ” means the Commissioner of the Mississippi Department of Agriculture and Commerce, his agents or employees.

(b) “ State Chemist ” means the Director of the Mississippi State Chemical Laboratory or his agents and employees.

(c) “ Antifreeze ” or “ engine coolant ” means any substance or preparation intended to be diluted before use as the cooling medium in the cooling system of an automotive internal combustion engine to provide protection against freezing, overheating and corrosion of the cooling system, or any product intended to be diluted before use which is labeled to indicate or imply that it will prevent freezing or overheating of the cooling system of an automotive internal combustion engine. Unless otherwise stated, these terms include the terms “ antifreeze-coolant ,” “ antifreeze and summer coolant ” and “ summer coolant .”

(d) “ Prediluted antifreeze ” or “ prediluted engine coolant ” means any substance or preparation intended for use full strength as a cooling medium in the cooling system of an automotive internal combustion engine to provide protection against freezing, overheating and corrosion of the cooling system or any substance or preparation intended for use full strength which is labeled to indicate or imply that it will prevent overheating or freezing of the cooling system of an automotive internal combustion engine.

(e) “ Person ” means any individual, partnership, association, firm, company or corporation.

(f) “ Distribute ” means to hold with intent to sell, offer for sale, to sell, barter or otherwise supply to the consumer.

(g) “ Package ” means a sealed retail package, drum or other container designed for the sale of antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant directly to the consumer, or a container from which the antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant may be installed directly by the seller into the cooling system, but does not include shipping containers containing properly labeled inner containers.

(h) “ Label ” means any display of written, printed or graphic matter on, or attached to, a package, or to the outside individual container or wrapper of the package of any product referred to in this chapter. Any display required on a container by this chapter shall be legible with conspicuous type upon a contrasting background.

(i) “ Labeling ” means the labels and any other written, printed or graphic matter accompanying a package of any product referred to in this chapter.
Miss. Code Ann. § 75-60-3 — MS Code / Title 75 / Chapter 12 / Section 60-3
Miss. Code Ann. § 75-60-3
Status: in_force

As used in this chapter:

(a) “ Course of instruction ” means the offering of instruction to individuals for a charge, fee or contribution of any kind, to a person or persons for the purpose of training or preparing such person(s) for a field of endeavor in a business, trade, technical or industrial occupation.

(b) “ Program of study ” means a series of individual courses in an area of specialization for which a diploma, degree, certificate or other written evidence of proficiency or achievement is offered.

(c) “ Agent ” means any person employed by an institution licensed by the commission, regardless of job title, job description, full-time or part-time employment status, who either directly or indirectly influences the decision of any prospective student to enroll for a fee in a course of instruction.

(d) “ Person ” means an individual, corporation, partnership, association or any other type of organization.

(e) “ Board ” means the Mississippi Community College Board established in Section 37-4-3 et seq., Mississippi Code of 1972 .

(f) “ Commission ” means the Commission on Proprietary School and College Registration established under this chapter.

(g) “ Correspondence education ” means a formal educational process under which the institution provides instructional materials, by mail or electronic transmission, including examinations on the materials, to students who are separated from the instructor. Interaction between the instructor and the student is limited, is not regular and substantive, and is primarily initiated by the student. Correspondence courses are typically self-paced. Correspondence education shall not be construed to mean or refer to “distance education” as defined in paragraph (h) of this section.

(h) “ Distance education ” means a formal educational process in which the majority of the instruction in a course occurs when students and instructors are not in the same place. Instruction may be synchronous or asynchronous. Distance education uses the technologies set forth in this paragraph to deliver instructions to students and to support regular, substantive interaction between students and instructors. A distance education course instructor may use any of the following technologies: the Internet; one-way and two-way transmissions through open broadcast, closed-circuit, cable, microwave, broadband lines, fiber optics, satellite or wireless communications devices; audio conferencing; or video cassettes, DVDs and CD-ROMs if used as part of the distance learning course or program.

(i) “ General education course ” means a unit of learning that is nontechnical in nature and is a fundamental part of a program. The content is drawn from oral and written communications, social studies, mathematics, natural sciences and the humanities.

(j) “ Nontechnical course ” means a unit of learning that is nontechnical in nature and includes general education courses, basic/college life skills and other related courses.

(k) “ Occupational degree ” means a credential awarded by a school upon successful completion of an associate degree program and designated as “applied” or “occupational” in the credential title. This program shall contain a minimum of sixty percent (60%) technical course credits/clock hours.

(l) “ Institution ” means a proprietary school, career college, school person or other organization that offers programs that require registration in accordance with Section 75-60-5 .

(m) “ Technical course ” means a unit of learning that yields skills, knowledge and understanding essential to the specific occupation for which the program is designed.
Miss. Code Ann. § 75-17-21 — MS Code / Title 75 / Chapter 12 / Section 17-21
Miss. Code Ann. § 75-17-21
Status: in_force

(1) For any consumer installment loan that a licensee under the Small Loan Regulatory Law and the Small Loan Privilege Tax Law makes, the licensee has the option to either lend at the rates and fees indicated under this section or at the rates and charges authorized under Section 75-67-181 . Except as provided in Section 75-67-181 , but notwithstanding any other provision of law to the contrary, the maximum finance charge which may be contracted for and received for any loan or extension of credit made by a licensee under the Small Loan Regulatory Law ( Section 75-67-101 et seq. ) and the Small Loan Privilege Tax Law ( Section 75-67-201 et seq. ) may result in a yield not to exceed the following annual percentage rates calculated according to the actuarial method:

(a) Thirty-six percent (36%) per annum for the portion of the unpaid balance of the amount financed that is not greater than One Thousand Dollars ($1,000.00);

(b) Thirty-three percent (33%) per annum for the portion of the unpaid balance of the amount financed in excess of One Thousand Dollars ($1,000.00) but not greater than Two Thousand Five Hundred Dollars ($2,500.00);

(c) Twenty-four percent (24%) per annum for the portion of the unpaid balance of the amount financed in excess of Two Thousand Five Hundred Dollars ($2,500.00) but not greater than Five Thousand Dollars ($5,000.00);

(d) Fourteen percent (14%) per annum for the portion of the unpaid balance of the amount financed in excess of Five Thousand Dollars ($5,000.00).

(2) As an alternative and in lieu of the rates established in paragraphs (a), (b), (c) and (d) of subsection (1), on loans in an amount of Twenty-five Thousand Dollars ($25,000.00) or more, a licensee may contract for and receive a maximum finance charge which will result in a yield not to exceed an annual percentage rate, calculated according to the actuarial method, of eighteen percent (18%) per annum on the unpaid balance of the amount financed.

(3) A licensee choosing to lend at the rates indicated under this section may contract for and charge a closing fee as follows:

(a) For loans in the amount of Ten Thousand Dollars ($10,000.00) or less, four percent (4%) of the total payments due on the loan or Twenty-five Dollars ($25.00), whichever is greater;

(b) For loans in an amount greater than Ten Thousand Dollars ($10,000.00), a maximum charge of Five Hundred Dollars ($500.00).

Such closing fee shall not be part of the finance charge.

(4) The rates set forth in paragraph (a) of subsection (1) may be increased by the number of percentage points by which the discount rate, excluding any surcharge thereon, on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the lender is located exceeds eight percent (8%), and the rates set forth in paragraphs (b), (c) and (d) of subsection (1) may be increased by the number of percentage points by which the discount rate, excluding any surcharge thereon, on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the lender is located exceeds ten percent (10%).

(5) Except as provided in Section 75-67-181 , the finance charges authorized in this section are the maximum rates which may be contracted for or received for any loan or extension of credit made by a licensee under the Small Loan Regulatory Law ( Section 75-67-101 et seq. ), and the Small Loan Privilege Tax Law ( Section 75-67-201 et seq. ). Nothing in this section shall prohibit lending money or handling, negotiating or arranging loans for a finance charge that is less than that specified herein. This section does not limit or restrict the manner of contracting for the finance charge, whether by way of add-on, discount or otherwise, so long as the annual percentage rate of the finance charge does not exceed that permitted by this section or Section 75-67-181 .