reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-161 - Labeling

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.
Codes, 1942, § 4449-15; Laws, 1972, ch. 474, § 5; Laws, 2001, ch. 555, § 4, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-163 - Misbranding

A commercial feed shall be deemed to be misbranded:
(a)
If its labeling is false or misleading in any particular.
(b)
If it is distributed under the name of another commercial feed.
(c)
If it is not labeled as required in Section
75-45-161
.
(d)
If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the commissioner and state chemist.
(e)
If any word, statement, or other information required by or under authority of this article to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
Codes, 1942, § 4449-16; Laws, 1972, ch. 474, § 6, eff. 1/1/1973.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-167 - Inspection fees

(1)
An inspection fee at the rate of Twenty-five Cents (25¢) per ton shall be paid on commercial feeds distributed in this state by the person whose name appears on the label as the manufacturer, guarantor or distributor, subject to the following:
(a)
No fee shall be paid on a commercial feed if the payment has been made by a previous distributor.
(b)
No fee shall be paid on customer-formula feeds if the inspection fee is paid on the commercial feeds which are used as ingredients therein.
(c)
No fee shall be paid on commercial feeds which are used as ingredients for the manufacture of commercial feeds. If the fee has already been paid, credit shall be given for such payment.
(2)
In the case of a commercial feed which is distributed in the state only in packages of ten (10) pounds or less, an annual fee of Twenty-five Dollars ($25.00) per brand shall be paid on or before January 1 of each year in lieu of the inspection fee specified in subsection (1).
(3)
The minimum inspection fee shall be Twenty Dollars ($20.00) annually.
(4)
Any feed manufactured in the state which is used by a distributor or his contract feeders to feed his own livestock, poultry, or fish, or feed which is distributed in tonnage bulk to any commercial grower of an aquatic species, including, but not limited to, catfish, shall be exempt from the inspection fee on both purchased ingredients and finished feed. To qualify for the above exemption, a permit must be obtained from the commissioner annually and the permit used to obtain exemption on feed ingredients. Any services the Mississippi State Chemical Laboratory or the Mississippi Department of Agriculture and Commerce provide for permit holders will be paid for according to mutually agreeable prices between both parties.
Codes, 1942, § 4449-19; Laws, 1972, ch. 474, § 9; Laws, 1978, ch. 305, § 1; Laws, 1997, ch. 373, § 1; Laws, 2001, ch. 555, § 6, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-169 - Reports, records and penalty fees

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.
Codes, 1942, § 4449-19; Laws, 1972, ch. 474, § 9; Laws, 2001, ch. 555, § 7, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-171 - Disposition of fees and penalties

The commissioner of agriculture and commerce shall deposit with the state treasurer to the credit of the general fund all funds received by him as registration and inspection fees and, by act of the legislature, such funds shall be used for defraying the cost of the inspection and analysis of commercial feeds as provided herein.
All penalties collected, whether from fines or sales of the condemnation of the articles defined above, shall be deposited with the state treasurer to the credit of the general fund. It shall be the duty of the commissioner of agriculture and commerce to include in his annual report an itemized statement of all such funds so collected and deposited.
Codes, 1942, § 4449-19; Laws, 1972, ch. 474, § 9, eff. 1/1/1973.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-175 - "Withdrawal from distribution" orders

When the commissioner or his authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this article or of any of the prescribed regulations under this article, he may, according to his judgment of the gravity of the offense and regulations promulgated by the commissioner and State Chemist issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the commissioner or the court. The commissioner shall release the lot of commercial feed so withdrawn when said provisions and regulations have been complied with. If compliance is not obtained within thirty (30) days, the commissioner may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
Codes, 1942, § 4449-22; Laws, 1972, ch. 474, § 12; Laws, 1973, ch. 386, § 2(a); Laws, 2001, ch. 555, § 9, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-177 - Condemnation and confiscation

Any lot of commercial feed not in compliance with the provisions of this article and regulations issued thereunder shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the said commercial feed to be in violation of this article and orders the condemnation of said commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state. Provided, that in no instance shall the disposition of said commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial feed or for permission to process or relabel said commercial feed to bring it into compliance with this article.
Codes, 1942, § 4449-22; Laws, 1972, ch. 474, § 12; Laws, 1973, ch. 386, § 2(b), eff. 3/27/1973.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-179 - Prohibited acts

The following acts and the causing thereof within the State of Mississippi are hereby prohibited:
(a)
The manufacture or distribution of any commercial feed that is adulterated or misbranded.
(b)
The adulteration or misbranding of any commercial feed.
(c)
The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks and hulls, which are adulterated within the meaning of paragraph (a) of Section
75-45-165
.
(d)
The removal or disposal of a commercial feed in violation of an order under Section
75-45-175
or
75-45-177
.
(e)
The failure or refusal to register in accordance with Section
75-45-159
.
(f)
The violation of Section
75-45-191
.
(g)
Failure to pay inspection fees and file reports as required by Sections
75-45-167
and
75-45-169
.
(h)
Failure to pay penalties assessed under Section
75-45-181
or any rules or regulations issued thereunder.
Codes, 1942, § 4449-18; Laws, 1972, ch. 474, § 8; Laws, 1973, ch. 386, § 1; Laws, 2001, ch. 555, § 10, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-181 - Penalties

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.
Codes, 1942, § 4449-23; Laws, 1972, ch. 474, § 13; Laws, 1973, ch. 386, § 2(a, b); Laws, 2001, ch. 555, § 11, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-183 - When enforcement not required

Nothing in this article shall be construed as requiring the commissioner or his representative to:
(a)
report for prosecution;
(b)
institute seizure proceedings;
(c)
issue a withdrawal from distribution order; or
(d)
hold an administrative hearing as a result of minor violations of this article, or when he believes the public interest will best be served by suitable notice of warning in writing.
Codes, 1942, § 4449-23; Laws, 1972, ch. 474, § 13; Laws, 1973, ch. 386, § 2(c); Laws, 2001, ch. 555, § 13, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-185 - Duty of prosecuting attorneys

It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
Codes, 1942, § 4449-23; Laws, 1972, ch. 474, § 13; Laws, 1973, ch. 386, § 2(d); Laws, 2001, ch. 555, § 14, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-187 - Injunctive relief

The commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
Codes, 1942, § 4449-23; Laws, 1972, ch. 474, § 13; Laws, 1973, ch. 386, § 2(e), eff. 3/27/1973.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-189 - [Repealed]

Repealed by Laws, 2001, ch. 555, § 15, eff. 7/1/2001.
Codes, 1942, § 4449-23; Laws, 1972, ch. 474, § 13; Laws, 1973, ch. 386, § 3(f), eff. 3/27/1973.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-191 - Revelation of trade secrets prohibited; application of Trade Secrets Act

Any person who uses to his own advantage, or reveals to other than the commissioner and state chemist, or officers of the Mississippi Department of Agriculture and Commerce and Mississippi State Chemical Laboratory, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this article, concerning any method, record, formulation or process which as a trade secret is entitled to protection, is guilty of a misdemeanor and shall be punished according to law. In addition to the criminal remedy set forth herein, remedies for misappropriation of a trade secret shall be governed by the Mississippi Uniform Trade Secrets Act, Sections
75-26-1
through
75-26-19
. This prohibition shall not be deemed as prohibiting the commissioner and state chemist, or their duly authorized agents, from exchanging information of a regulatory nature with duly appointed officials of the United States Government, or of other states, who are similarly prohibited by law from revealing this information.
Codes, 1942, § 4449-23; Laws, 1972, ch. 474, § 13; Laws, 1973, ch. 386, § 3(g); Laws, 1990, ch. 442, § 16, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-193 - Cooperation with other entities

The commissioner and state chemist may cooperate with and enter into agreements with governmental agencies of this state, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this article.
Codes, 1942, § 4449-24; Laws, 1972, ch. 474, § 14, eff. 1/1/1973.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 5 - COMMERCIAL FEED LAW (§§ 75-45-151 — 75-45-195) › Section 75-45-195 - [Repealed]

Repealed by Laws, 2001, ch. 555, § 16, eff. 7/1/2001.
Codes, 1942, § 4449-25; Laws, 1972, ch. 474, § 15, eff. 1/1/1973.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 7 - GRAIN DEALERS LAW (§§ 75-45-301 — 75-45-315) › Section 75-45-301 - Title

This article shall be known as the "Mississippi Grain Dealers Law of 1978."
Laws, 1978, ch. 423, § 1, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 7 - GRAIN DEALERS LAW (§§ 75-45-301 — 75-45-315) › Section 75-45-303 - Definitions

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.
Laws, 1978, ch. 423, § 2, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 7 - GRAIN DEALERS LAW (§§ 75-45-301 — 75-45-315) › Section 75-45-304 - Licensing requirements for grain dealers

No person shall operate as a grain dealer without first having obtained a license pursuant to this article; provided, however, that grain dealers licensed under the provisions of the United States Warehouse Act, as amended, or the Mississippi Grain Warehouse Law shall not be required to have a license issued pursuant to this article.
Laws, 1981, ch. 354, § 32, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 7 - GRAIN DEALERS LAW (§§ 75-45-301 — 75-45-315) › Section 75-45-307 - Issuance and renewal of license

If the department is satisfied:
(a)
that the applicant is of good business reputation,
(b)
that the applicant has adequate bonding under Section
75-45-305
,
(c)
that the applicant maintains a permanent business location in this state, and
(d)
that the applicant has sufficient financial resources to guarantee payment to producers for grain purchased from them, the commissioner shall issue a license to the applicant or shall renew the applicant's license. Licenses shall be issued or renewed annually for a period ending ninety (90) days after the last day of the applicant's fiscal year. The license or renewal thereof issued by the department under this section shall be posted in the principal office of the licensee in this state. A certificate shall be posted in each location listed on a licensee's application where he engages in the business of buying grain. In the case of a licensee operating a truck or tractor trailer unit the licensee is required to have a certificate that the license is in effect and that a bond or certificate of deposit has been filed and is carried in each truck or tractor trailer unit used in connection with the purchase of grain from producers. Upon request of a licensee and payment of the fee thereof, the commissioner shall issue to the licensee a certificate that a license has been issued or renewed and a bond filed as required by this article.
Laws, 1978, ch. 423, § 4, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 7 - GRAIN DEALERS LAW (§§ 75-45-301 — 75-45-315) › Section 75-45-311 - Failure to make payment to producer

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.
Laws, 1978, ch. 423, § 6, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 7 - GRAIN DEALERS LAW (§§ 75-45-301 — 75-45-315) › Section 75-45-313 - Commissioner's powers and duties; rules and regulations

The commissioner shall carry out and enforce the provisions of this article and is hereby empowered to promulgate rules and regulations to carry out necessary inspections and to appoint and fix the duties of his personnel and provide such equipment as may be necessary to assist him in enforcing the provisions thereof.
Laws, 1978, ch. 423, § 7, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 45 - COMMERCIAL FEEDS AND GRAINS (§§ 75-45-1 — 75-45-315) › Article 7 - GRAIN DEALERS LAW (§§ 75-45-301 — 75-45-315) › Section 75-45-315 - Prohibited acts; penalties; injunctions

(1)
Any person who engages in business as a grain dealer without securing a license or who does not have a valid license or is in violation of this article or the rules and regulations promulgated thereunder, or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent the commissioner or his duly authorized agent in performance of his duty in connection with this article or its rules and regulations, or any grain dealer who refuses to permit inspection of his premises, books, accounts or records as provided in this article shall, upon conviction thereof, be guilty of a misdemeanor and be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for the first violation, and not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00) for each subsequent violation or imprisoned in a penal institution other than the state penitentiary for not more than six (6) months, or both. In case of a continuing violation or violations, each day and each violation occurring constitutes a separate and distinct offense.
(2)
It shall be the duty of the Attorney General to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the commissioner reports a violation for prosecution he may give the grain dealer an opportunity to present his views at an informal hearing.
(3)
The commissioner may apply for and the circuit court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rules and regulations promulgated under the article notwithstanding the existence of other remedies at law. Any such injunction is to be issued without notice and without bond.
(4)
The commissioner may apply for, and the appropriate chancery court may grant, a temporary or permanent injunction restraining a grain dealer from disposing of any grain owned, in whole or in part, or held, or in his possession, whether owned in whole or in part, or from anyone removing any grain in which the grain dealer or producers from which he has purchased grain have an interest, in violation of any of the provisions of this article. Such injunction is to be issued without notice and without bond.
Laws, 1978, ch. 423, § 8, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-1 - Title of chapter

This chapter shall be known as the "Mississippi Fertilizer Law of 1970."
Codes, 1942, § 4450-01; Laws, 1970, ch. 263, § 1, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-3 - Enforcing officials

This chapter shall be administered jointly by the commissioner of agriculture and commerce of the State of Mississippi, hereinafter referred to as the commissioner, and the state chemist of Mississippi, as specified in the following sections.
Codes, 1942, § 4450-02; Laws, 1970, ch. 263, § 2, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-9 - Labels

(1)
Any commercial fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the information required by Section
75-47-7(1)(a), (b), (c), and (d)
of this chapter. In case of bulk shipments, this information in written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery.
(2)
A commercial fertilizer formulated according to specifications which are furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis, and the name and address of the distributor.
Codes, 1942, § 4450-05; Laws, 1970, ch. 263, § 5, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-11 - Inspection fees

(1)
There shall be paid to the commissioner for all commercial fertilizers distributed in this state an inspection fee at the rate of Twenty-five Cents (25¢) per ton, provided that sales to manufacturers or exchanges between them are hereby exempted. Fees so collected shall be used for the payment of the costs, by act of the Legislature, of inspection, sampling and analysis, and other expenses necessary for the administration of this chapter. On individual packages of commercial fertilizer containing ten (10) pounds or less, there shall be paid in lieu of the annual registration fee of Ten Dollars ($10.00) per brand and grade and the Twenty-five Cents (25¢) per ton inspection fee, an annual registration fee and inspection fee of Fifty Dollars ($50.00) for each brand and grade sold or distributed. Where a person sells commercial fertilizer in packages of ten (10) pounds or less and in packages over ten (10) pounds, this annual registration and inspection fee of Fifty Dollars ($50.00) shall apply only to that portion sold in packages of ten (10) pounds or less, and that portion sold in packages over ten (10) pounds shall be subject to the same inspection fee of Twenty-five Cents (25¢) per ton as provided in this chapter.
(2)
Every registrant or guarantor who distributes a commercial fertilizer in this state shall file with the commissioner, on forms furnished by the commissioner, an annual statement setting forth the number of net tons of each commercial fertilizer distributed in this state during the previous year. The report shall be due on or before the thirtieth day of the month following the close of the reporting year. Upon such statement the registrant shall pay the inspection fee at the rate stated in subsection (1) of this section.
If the tonnage report is not filed and the payment of inspection fee is not made within thirty (30) days after the end of the reporting year, a collection fee amounting to ten percent (10%) of the amount, but in no case less than Ten Dollars ($10.00), shall be assessed against the registrant, and the amount of fees due shall constitute a debt and become the basis of a judgment against the registrant.
(3)
When more than one (1) person is involved in the distribution of a commercial fertilizer, the last person who has the fertilizer registered and who distributes to a nonregistrant, dealer or consumer, is responsible for reporting the tonnage and paying the inspection fee.
Codes, 1942, § 4450-06; Laws, 1970, ch. 263, § 6; Laws, 1973, ch. 411, § 1; Laws, 1987, ch. 523, § 6; Laws, 1997, ch. 448, § 2, eff. 7/1/1997.
Amended by Laws, 2017, ch. 320, HB 528, 1, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-13 - Tonnage reports

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.
Codes, 1942, § 4450-07; Laws, 1970, ch. 263, § 7; Laws, 1997, ch. 448, § 3, eff. 7/1/1997.
Amended by Laws, 2017, ch. 320, HB 528, 2, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-15 - Inspection; sampling; analysis

(1)
It shall be the duty of the commissioner, who may act through his authorized agent, to sample and inspect, and of the state chemist to make analyses of and test commercial fertilizers distributed within this state at any time and place and to such an extent as they may deem necessary to determine whether such commercial fertilizers are in compliance with the provisions of this chapter. The commissioner, individually or through his agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to commercial fertilizers subject to the provisions of this chapter and the rules and regulations pertaining thereto, and to the records relating to their distribution.
(2)
In drawing any official sample and in making any analysis, the officially adopted methods and terminology of the Association of Official Analytical Chemists shall be used. In cases not covered by such officially adopted methods and terminology, the state chemist shall, as soon as practicable and from other sources deemed proper, adopt and publish appropriate methods and terminology.
(3)
The state chemist and commissioner, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample as defined in paragraph (e) of Section
75-47-5
, and obtained and analyzed as provided for in subsection (2) of this section.
(4)
The results of official analysis of commercial fertilizers and portions of official samples shall be distributed by the state chemist as provided in the regulations.
Codes, 1942, § 4450-08; Laws, 1970, ch. 263, § 8, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-17 - Plant food deficiency

(1)
Penalty for Nitrogen, Available Phosphoric Acid or Phosphorus and Potash or Potassium. -
If the analysis shall show that commercial fertilizer is deficient in one or more of its guaranteed primary plant foods (NPK) beyond the "investigational allowances" as established by regulation, or if the overall index value of the fertilizer is below the level established by regulation, a penalty of three times the commercial value of such deficiency(ies) shall be assessed on each ton of fertilizer in the lot or shipment represented by the sample analyzed.
(2)
Penalties for Other Deficiencies. -
Deficiencies beyond the investigational allowances as established by regulation in any other constituent(s) covered under Section
75-47-5
paragraph (c)(1)B, C, and D, which the registrant is required to or may guarantee, shall be evaluated and penalties prescribed therefor by the commissioner and state chemist.
(3)
Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction praying for judgment as to the justification of such penalties.
(4)
All penalties assessed under this section shall be paid to the commissioner, who shall deposit the same in the state treasury.
Codes, 1942, § 4450-09; Laws, 1970, ch. 263, § 9, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-19 - Commercial value

For the purpose of determining the commercial values to be applied under the provisions of Section
75-47-17
, the state chemist shall determine and publish annually the values per unit of nitrogen, available phosphoric acid, and soluble potash in commercial fertilizers in this state. If guarantees are as provided in Section
75-47-5(c)(2)
, the value shall be per unit of nitrogen, phosphorus, and potassium. The values so determined and published shall be used in determining and assessing penalties.
Codes, 1942, § 4450-10; Laws, 1970, ch. 263, § 10, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-21 - Misbranding

No person shall distribute misbranded fertilizer. A commercial fertilizer shall be deemed to be misbranded:
(a)
If its labeling is false or misleading in any particular.
(b)
If it is distributed under the name of another fertilizer product.
(c)
If it is not labeled as required in Section
75-47-9
and in accordance with regulations prescribed under this chapter.
(d)
If it purports to be or is represented as a commercial fertilizer, or is represented as containing a plant nutrient or commercial fertilizer unless such plant nutrient or commercial fertilizer conforms to the definition of identity, if any, prescribed by regulation of the commissioner and state chemist. In the adopting of such regulations, the commissioner and state chemist shall give due regard to commonly accepted definitions and official fertilizer terms such as those issued by the Association of American Fertilizer Control Officials.
Codes, 1942, § 4450-11; Laws, 1970, ch. 263, § 11, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-23 - Adulteration

No person shall distribute an adulterated fertilizer product. A commercial fertilizer shall be deemed to be adulterated:
(a)
If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use, which may be necessary to protect plant life are not shown upon the label.
(b)
If its composition falls below or differs from that which it is purported to possess by its labeling.
(c)
If it contains unwanted crop seed or weed seed.
Codes, 1942, § 4450-12; Laws, 1970, ch. 263, § 12, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-25 - Publications

The commissioner shall publish at least annually and in such forms as he may deem proper:
(a)
Information concerning the distribution of commercial fertilizers,
(b)
Results of analyses based on official samples of commercial fertilizers distributed within the state as compared with the analyses guaranteed under Section
75-47-7
and Section
75-47-9
.
Codes, 1942, § 4450-13; Laws, 1970, ch. 263, § 13, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-27 - Rules and regulations

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.
Codes, 1942, § 4450-14; Laws, 1970, ch. 263, § 14, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-29 - Check weighing

Sections
75-27-1
through
75-27-67
shall be applicable with respect to the regulation and checking of the measure and weight of commercial fertilizers.
Codes, 1942, § 4450-15; Laws, 1970, ch. 263, § 15, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-31 - Cancellation of registrations

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.
Codes, 1942, § 4450-16; Laws, 1970, ch. 263, § 16, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-33 - "Stop sale" orders

The commissioner may issue and enforce a written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of commercial fertilizer and to hold at a designated place when the commissioner finds said commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this chapter until the law has been complied with and said commercial fertilizer is released in writing by the commissioner, or said violation has been otherwise legally disposed of by written authority. The commissioner shall release the commercial fertilizer so withdrawn when the requirements of the provisions of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
Codes, 1942, § 4450-17; Laws, 1970, ch. 263, § 17, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-35 - Seizure; condemnation; sale

Any lot of commercial fertilizer not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which said commercial fertilizer is located. In the event the court finds the said commercial fertilizer to be in violation of this chapter and orders the condemnation of said commercial fertilizer, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state: Provided, that in no instance shall the disposition of said commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial fertilizer or for permission to process or relabel said commercial fertilizer to bring it into compliance with this chapter.
Codes, 1942, § 4450-18; Laws, 1970, ch. 263, § 18, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-37 - Violations

(1)
If it shall appear from the examination of any commercial fertilizer that any of the provisions of this chapter or the rules and regulations issued thereunder have been violated, the commissioner shall cause notice of the violations to be given to the registrant, distributor, or possessor from whom said sample was taken; any person so notified shall be given opportunity to be heard under such rules and regulations as may be prescribed by the commissioner. If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this chapter or rules and regulations issued thereunder have been violated, the commissioner may certify the facts to the proper prosecuting attorney.
(2)
Any person convicted of violating any provision of this chapter or the rules and regulations issued thereunder shall be guilty of a misdemeanor and punished accordingly.
(3)
Nothing in this chapter shall be construed as requiring the commissioner or his representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the chapter when he believes that the public interests will be best served by a suitable notice of warning in writing.
(4)
It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
(5)
The commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under the chapter notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
Codes, 1942, § 4450-19; Laws, 1970, ch. 263, § 19, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 47 - COMMERCIAL FERTILIZERS (§§ 75-47-1 — 75-47-39) › Section 75-47-39 - Exchanges between manufacturers

Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer to manufacturers or manipulators who have registered their brands as required by the provisions of this chapter.
Codes, 1942, § 4450-20; Laws, 1970, ch. 263, § 20, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 49 - FACTORY-BUILT HOMES (§§ 75-49-1 — 75-49-21) › Section 75-49-1 - Short title

This chapter shall be known and may be cited as "The Uniform Standards Code for Factory-Built Homes Law."
Codes, 1942, § 5131-101; Laws, 1970, ch. 494, § 1, eff. 7/1/1970; Laws, 1992, ch. 494, § 1, eff. 7/1/1992.