reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 12 - MISSISSIPPI FIRE SAFETY STANDARD AND FIREFIGHTER PROTECTION ACT (§§ 45-12-1 — 45-12-23) › Section 45-12-17 - Cigarette Fire Safety Standard and Firefighter Protection Fund [For contingent repeal of this section, see 45-12-21]

There is hereby established in the State Treasury a special fund to be known as the "Cigarette Fire Safety Standard and Firefighter Protection Fund." The fund shall consist of all certification fees paid under Section
45-12-7
and all monies recovered as penalties under Section
45-12-11
. The monies shall be deposited to the credit of the fund and shall, in addition to any other monies made available for such purpose, be used by the State Fire Marshal to defray costs incurred by the State Fire Marshal in fulfilling his duties under this chapter, and to support fire safety and prevention programs.
Laws, 2009, ch. 473, § 9, eff. 7/1/2010.
See §
45-12-21
, which states, "This chapter shall be repealed if a federal reduced cigarette ignition propensity standard is adopted and becomes effective."
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 12 - MISSISSIPPI FIRE SAFETY STANDARD AND FIREFIGHTER PROTECTION ACT (§§ 45-12-1 — 45-12-23) › Section 45-12-19 - Sale outside of Mississippi [For contingent repeal of this section, see 45-12-21]

Nothing in this section shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Section
45-12-5
if the cigarettes are, or will be, stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state.
Laws, 2009, ch. 473, § 10, eff. 7/1/2010.
See §
45-12-21
, which states, "This chapter shall be repealed if a federal reduced cigarette ignition propensity standard is adopted and becomes effective."
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 12 - MISSISSIPPI FIRE SAFETY STANDARD AND FIREFIGHTER PROTECTION ACT (§§ 45-12-1 — 45-12-23) › Section 45-12-21 - Preemption

This chapter shall be repealed if a federal reduced cigarette ignition propensity standard is adopted and becomes effective.
Laws, 2009, ch. 473, § 11, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 12 - MISSISSIPPI FIRE SAFETY STANDARD AND FIREFIGHTER PROTECTION ACT (§§ 45-12-1 — 45-12-23) › Section 45-12-23 - Local regulation [For contingent repeal of this section, see 45-12-21]

This chapter preempts any local law, ordinance or regulation that conflicts with any provision of this chapter or any policy of the state implemented in accordance with this chapter and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce an ordinance, local law or regulation conflicting with or preempted by this chapter.
Laws, 2009, ch. 473, § 12, eff. 3/30/2009.
See §
45-12-21
, which states, "This chapter shall be repealed if a federal reduced cigarette ignition propensity standard is adopted and becomes effective."
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 13 - FIREWORKS AND EXPLOSIVES (§§ 45-13-1 — 45-13-109) › Article 1 - FIREWORKS (§§ 45-13-1 — 45-13-15) › Section 45-13-1 - Manufacture, sale, possession, etc., of dangerous items prohibited; common fireworks; paper caps

Except as herein provided, the manufacture, sale, possession or use of fireworks in this state is prohibited, provided the manufacture, sale, possession and use of fireworks which are now or may hereafter be classified as "common fireworks" by the Interstate Commerce Commission, and are labeled by said commission with the Class C common fireworks label, and which were designed to produce an audible effect shall contain an explosive composition not exceeding two (2) grains in weight, such fireworks being referred to as safe and sane items, and including such items as cone fountains, small Chinese crackers, small non-explosive Roman candles and rockets, and similar nondangerous items, shall be permitted within this state, but only upon the conditions as hereinafter set forth in this article. Paper caps for use in toy guns and similar items and nonexplosive sparklers are not included within the term "fireworks" as herein used.
Codes, 1942, § 7015-01; Laws, 1960, ch. 249, § 1, eff. 6/30/1960.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 13 - FIREWORKS AND EXPLOSIVES (§§ 45-13-1 — 45-13-109) › Article 1 - FIREWORKS (§§ 45-13-1 — 45-13-15) › Section 45-13-3 - Sale, display, possession regulated; labeling

Except as hereinafter provided, no retailer, dealer or any other person shall sell, offer for sale, store, display, or have in their possession, or use or explode anywhere in this state any fireworks that have not been approved and labeled as Class C common fireworks by the Interstate Commerce Commission. No jobber, wholesaler, manufacturer or any other person shall sell to retail dealers or any other person in this state for the purpose of resale or use in this state any fireworks which do not have the Interstate Commerce Commission Class C label printed on the fireworks or on the smallest package in which the same are sold. The Interstate Commerce Commission Class C label must be visible on the fireworks or smallest container in which the same are sold and the label shall be on the fireworks or on the package or both which are received by the general public from the dealer, and such label shall be of such size and so positioned as to be readily seen and recognized by law enforcement officers and the public. Wherever practical such fireworks and container shall have imprinted thereon directions for the handling thereof.
Codes, 1942, § 7015-02; Laws, 1960, ch. 249, § 2, eff. 6/30/1960.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 13 - FIREWORKS AND EXPLOSIVES (§§ 45-13-1 — 45-13-109) › Article 1 - FIREWORKS (§§ 45-13-1 — 45-13-15) › Section 45-13-5 - Additional items excepted from article

Nothing in this article shall apply to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, or to the military or naval forces of the United States or of this state, or to peace officers or to the use of blank cartridge for ceremonial, theatrical or athletic events.
Codes, 1942, § 7015-03; Laws, 1960, ch. 249, § 3; Laws, 1966, ch. 376, § 1, eff. 1/1/1967.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 13 - FIREWORKS AND EXPLOSIVES (§§ 45-13-1 — 45-13-109) › Article 1 - FIREWORKS (§§ 45-13-1 — 45-13-15) › Section 45-13-7 - Storage; signs; fire extinguishing equipment; original packages

Fireworks kept for sale at wholesale shall be stored in a room set aside for the storage of fireworks only. Over the entrance to this room shall be posted a sign reading "FIREWORKS-NO SMOKING-KEEP OPEN FLAMES AWAY." Two (2) approved fire extinguishers shall be provided and kept in close proximity to the stock of fireworks in all buildings where fireworks are sold. Small temporary stands used for storing and selling fireworks only, in lieu of the fire extinguishers, may have a barrel of water and two (2) buckets available for use as fire extinguishing equipment. All fireworks kept for sale on counters must remain in original packages unless an attendant is on duty at all times at the counter where the fireworks are on display. Signs reading "FIREWORKS FOR SALE-NO SMOKING ALLOWED" shall be displayed in the section of any store set aside for the sale of fireworks.
Codes, 1942, § 7015-04; Laws, 1960, ch. 249, § 4, eff. 6/30/1960.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 13 - FIREWORKS AND EXPLOSIVES (§§ 45-13-1 — 45-13-109) › Article 1 - FIREWORKS (§§ 45-13-1 — 45-13-15) › Section 45-13-9 - Dates when sales prohibited; sales to children; unlawful to explode or ignite in certain places

No fireworks shall be sold or offered for sale at retail before the fifteenth day of June and after the fifth day of July and before the fifth day of December and after the second day of January of each year. No fireworks shall be sold to any person under the age of twelve (12) years. It shall be unlawful to ignite or discharge fireworks of any type within six hundred (600) feet of any church, hospital or school, or within seventy-five (75) feet of where fireworks are stored or offered for sale. It shall also be unlawful to ignite or discharge the same within or throw the same from or into or at any motor vehicle.
Codes, 1942, § 7015-05; Laws, 1960, ch. 249, § 5, eff. 6/30/1960.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 13 - FIREWORKS AND EXPLOSIVES (§§ 45-13-1 — 45-13-109) › Article 1 - FIREWORKS (§§ 45-13-1 — 45-13-15) › Section 45-13-11 - Permits for exhibitions; storage of items held for exhibitions

The governing body of any municipality or the board of supervisors of any county outside a municipality may grant permits under which fireworks, the sale, possession or use of which is otherwise prohibited hereby, may be sold and used for exhibition purposes; however, such permit shall be issued in compliance with Section 1123 of the National Fire Protection Association, as revised, and the Mississippi Fire Prevention Code, as revised. Such permits shall require that the persons in charge of such exhibitions shall be experienced in the handling of fireworks and the members of the public attending the exhibitions shall be kept at a safe distance therefrom. Any fireworks held in storage for such exhibitions shall be kept in a closed box until removed therefrom for firing.
Codes, 1942, § 7015-06; Laws, 1960, ch. 249, § 6; Laws, 2004, ch. 395, § 1, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 13 - FIREWORKS AND EXPLOSIVES (§§ 45-13-1 — 45-13-109) › Article 1 - FIREWORKS (§§ 45-13-1 — 45-13-15) › Section 45-13-13 - Rights of municipal governing bodies and county boards of supervisors unaffected by this article

The provisions of this article shall not in any manner limit or affect the right of the governing body of municipalities and the boards of supervisors of counties to regulate or hereafter prohibit the possession, sale and use of fireworks of any kind within the limits thereof.
Codes, 1942, § 7015-07; Laws, 1960, ch. 249, § 7, eff. 6/30/1960.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 13 - FIREWORKS AND EXPLOSIVES (§§ 45-13-1 — 45-13-109) › Article 1 - FIREWORKS (§§ 45-13-1 — 45-13-15) › Section 45-13-15 - Violations

Any person, firm, partnership or corporation violating any provision of this article shall be guilty of a felony, and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) and/or imprisonment in the county jail or state penitentiary not to exceed one (1) year. In addition to said criminal penalties, any person, firm, partnership or corporation violating any provision of this article shall be responsible for any and all injuries, deaths and property damage caused by or resulting from illegal fireworks sold by such person, firm, partnership or corporation which is prohibited by this article within the State of Mississippi, and any injured person or his legal representatives, shall have a right to bring a civil action against the dealer, distributor or manufacturer or person who sold said fireworks, whether said dealer, distributor or manufacturer or person be located in this state or not. Any dealer, distributor or manufacturer or person located outside of this state who shall sell fireworks in Mississippi shall make, constitute and appoint the Secretary of State as their lawful agent for service of process in any civil proceeding brought under the provisions of this article, to recover all damages caused or resulting from the sale of any fireworks prohibited by this article.
Codes, 1942, § 7015-08; Laws, 1960, ch. 249, § 8; Laws, 1966, ch. 376, § 2, eff. 1/1/1967.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 13 - FIREWORKS AND EXPLOSIVES (§§ 45-13-1 — 45-13-109) › Article 3 - EXPLOSIVES (§§ 45-13-101 — 45-13-109) › Section 45-13-101 - Seller to keep records; when sale of explosives unlawful

Every person who sells or otherwise disposes of dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives, shall keep an accurate record of the name of the purchaser, his address, quantity, and the general purpose of its intended use. It shall be unlawful to sell dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives unless the person making the sale knows the purchaser and the general purpose for which such explosive or its counterpart will be used.
Codes, 1942, § 7015-31; Laws, 1964, ch. 337, § 1, eff. 7/11/1964.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 13 - FIREWORKS AND EXPLOSIVES (§§ 45-13-1 — 45-13-109) › Article 3 - EXPLOSIVES (§§ 45-13-101 — 45-13-109) › Section 45-13-103 - Sales of explosives to be reported; regulation by municipalities

Every seller of dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives shall report any sale, transfer of title, or removal to the sheriff of the county where such transfer or removal took place within twenty-four (24) hours on forms to be provided. Should the sale, transfer of title of removal of explosives be within a municipality, then a report shall also be made within twenty-four (24) hours to the chief of police on forms to be provided. The governing authorities of municipalities shall have the power to adopt ordinances for the further regulation and control of dynamite, nitroglycerine and similar explosives.
Codes, 1942, § 7015-32; Laws, 1964, ch. 337, § 2, eff. 7/11/1964.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 13 - FIREWORKS AND EXPLOSIVES (§§ 45-13-1 — 45-13-109) › Article 3 - EXPLOSIVES (§§ 45-13-101 — 45-13-109) › Section 45-13-105 - Penalties for failure to report sale of explosives

Any seller of dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators, or other similar explosives who does not report to proper authorities as required by this article shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding five (5) years, or in the county jail not exceeding one (1) year.
Codes, 1942, § 7015-33; Laws, 1964, ch. 337, § 3, eff. 7/11/1964.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 13 - FIREWORKS AND EXPLOSIVES (§§ 45-13-1 — 45-13-109) › Article 3 - EXPLOSIVES (§§ 45-13-101 — 45-13-109) › Section 45-13-107 - Safekeeping of explosives

Any person who has dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives in his possession and being engaged in a lawful business which ordinarily requires the use thereof in the ordinary and usual conduct of such business, and who possesses said articles for the purpose of use in said business, or any seller, dealer, or person transporting said articles, shall keep said articles under his control and secure from theft or pilferage at all times.
Codes, 1942, § 7015-34; Laws, 1964, ch. 337, § 4, eff. 7/11/1964.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 13 - FIREWORKS AND EXPLOSIVES (§§ 45-13-1 — 45-13-109) › Article 3 - EXPLOSIVES (§§ 45-13-101 — 45-13-109) › Section 45-13-109 - Reports of importation of explosives; fees; penalties

Every person transporting or bringing dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives into the State of Mississippi shall immediately report to the sheriff of the county of original entry, identify himself, give his destination and an inventory which shall be filed in a register to be kept by the sheriff. The sheriff shall, within twenty-four (24) hours, after receiving the name, destination and inventory, report same to the commissioner of public safety. For such registering and reporting, the sheriff shall be paid a fee of Three Dollars ($3.00) by the person transporting the explosives. A person transporting dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives who fails to report his name, destination and inventory shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding twenty (20) years.
Codes, 1942, § 7015-35; Laws, 1964, ch. 337, § 5, eff. 7/11/1964.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-1 - Short title

This chapter may be cited as the "Mississippi Radiation Protection Law of 1976."
Laws, 1976, ch. 469, § 1, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-3 - Legislative declaration of policy

It is the policy of the State of Mississippi in furtherance of its responsibility to protect the public health and safety:
(a)
To institute and maintain a program to permit development and utilization of sources of radiation for purposes consistent with the health and safety of the public, and
(b)
To prevent and/or reduce associated harmful effects of radiation upon the public through the institution and maintenance of a regulatory program for all sources of radiation; providing for:
(1)
a single, effective system of regulation within the state;
(2)
a system consonant insofar as possible with those of other states, and
(3)
compatibility with the standards and regulatory programs of the federal government for by-product, source, special nuclear materials, other radioactive materials and other sources of radiation.
Laws, 1976, ch. 469, § 2, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-7 - State board of health to administer statewide radiation protection program; creation and duties of state radiation advisory council

(1)
The state board of health is hereby designated as the state agency to administer a statewide radiation protection program consistent with the provisions of this chapter.
(2)
There is hereby created and established the Mississippi Radiation Advisory Council as a separate division of the agency. It is made the duty of the council, and it is hereby granted the authority to:
(a)
Advise the agency in the development of comprehensive policies and programs for the evaluation, determination and reduction of hazards associated with the use of radiation, and
(b)
Assist in the formulation and approval of rules, regulations and standards relating to receipt, possession, use, transfer, ownership, acquisition, manufacture, production, transportation, handling, servicing, installation, storage, disposal, sale, lease or other disposition of sources of radiation as may be necessary to carry out the provisions of this chapter. The recommendation of nationally recognized bodies in the field of radiation protection shall be taken into consideration in the formulation of such rules, regulations and standards.
Laws, 1976, ch. 469, § 4, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-9 - Radiation advisory council; membership; meetings; quorum; compensation of members

(1)
The council shall consist of the director of radiological health within the state board of health, who shall serve ex officio as secretary, and six (6) members appointed by the state board of health as follows:
(a)
One (1) member from the Mississippi Medical Association for a term of three (3) years;
(b)
One (1) member from the Mississippi Dental Association for a term of three (3) years;
(c)
One (1) member from the Mississippi Radiological Society for a term of four (4) years;
(d)
One (1) licensed chiropractor for a term of four (4) years;
(e)
One (1) member having recognized knowledge in the radiation field from private industry in Mississippi for a term of four (4) years; and
(f)
One (1) member having recognized knowledge in the radiation field from one (1) of the Mississippi institutions of higher learning for a term of four (4) years.
The members described above and serving on the council on June 30, 1984, shall continue to serve on the council until the expiration of their terms.
(2)
(a)
The chairman of the council shall be selected by and from the council membership.
(b)
The council shall meet at the call of the chairman but at least once a year.
Upon the request of three (3) or more members, it shall be the duty of the chairman to call a meeting of the council. Minutes of the meetings of the council shall be transmitted to the secretary and executive officer of the state board of health.
A majority of the council shall constitute a quorum to conduct business.
(c)
Any member may be removed prior to the expiration of his term by the state board of health. His removal may be based upon wilful neglect of duty or impropriety in office.
(3)
Members of the council shall be reimbursed for their actual and necessary expenses, including food, lodging and mileage as authorized by Section
25-3-41
, Mississippi Code of 1972, required for attendance at council meetings. Council members shall receive a per diem for attendance at council meetings as is authorized under Section
25-3-69
.
(4)
All clerical and other services required by the council shall be supplied by the agency.
Laws, 1976, ch. 469, § 5; Laws, 1978, ch. 439, § 1; Laws, 1983, ch. 522, § 42; Laws, 1984, ch. 488, § 313, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-13 - Licensing and registration of persons to deal with sources of radiation, installations, or equipment utilizing such sources

(1)
The agency shall provide by rule and regulation, for licensing and registration of persons to use, manufacture, produce, transport, transfer, receive, acquire, own or possess sources of radiation, installations, or equipment utilizing such sources. Such rule or regulation shall provide for amendment, suspension or revocation of licenses or registrations. Each application for a specific license shall be in writing on forms prescribed and furnished by the agency and shall state, and be accompanied by, such information or documents, including, but not limited to, plans, specifications and reports for new construction or material alterations as the agency may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The agency may require all applications or statements to be made under oath or affirmation. Each license shall be in such form and contain such terms and conditions as the agency may deem necessary. No license issued under the authority of this chapter and no right to possess or utilize sources of radiation granted by any license shall be assigned or in any manner disposed of; and the terms and conditions of all licenses shall be subject to amendment, revisions or modification by rules, regulations or orders issued in accordance with the provisions of this chapter.
(2)
Any person who, on the effective date of any agreement with the commission, possesses a license issued by the commission shall be deemed to possess the same pursuant to a license issued under this chapter, which shall expire either ninety (90) days after receipt from the agency of a notice of expiration of such license, or on the date of expiration specified in the federal license, whichever is earlier.
(3)
Each registration shall be in writing on forms prescribed and furnished by the agency. The agency may require all registrations or statements to be made under oath or affirmation. Each registration shall be in such form and contain such terms and conditions as the agency may deem necessary. No registration issued under the authority of this chapter and no right to possess or utilize sources of radiation granted by any registration shall be assigned or in any manner disposed of; and the terms and conditions of all registrations shall be subject to amendment, revisions or modification by rules, regulations or orders, issued in accordance with the provisions of this chapter.
Laws, 1976, ch. 469, § 7, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-15 - Inspections by state board of health; training and education programs; agreements with federal and state governments

(1)
Authorized representatives of the agency shall have the authority to enter upon any public or private property of permittees, registrants and licensees, including private dwellings used for business purposes, at all reasonable times for the purpose of determining compliance with the provisions of this chapter and rules, regulations and standards adopted hereunder. Authorized representatives of the agency, only in the event of a declared emergency, shall have the authority to enter upon any public or private property, including private dwellings used for business purposes, at all reasonable times for the purpose of determining compliance with the provisions of this chapter and rules, regulations and standards adopted hereunder.
(2)
The agency is authorized to institute training programs for its personnel to carry out the provisions of this chapter and may make personnel available for participation in any program or programs of the federal government, other states or interstate agencies in furtherance of the purposes of this chapter.
(3)
The agency is authorized to institute educational programs for the purpose of training or educating persons who may possess, use, handle, transport or service sources of radiation.
(4)
The Governor is authorized to enter into agreements with the federal government, other states or interstate agencies, whereby this state will perform, on a cooperative basis with the federal government, other states, or interstate agencies, inspections, emergency response to radiation accidents and other functions related to the control of radiation.
Laws, 1976, ch. 469, § 8, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-17 - Attorney General shall counsel persons against whom tort claims arise for their assistance during an emergency

In any and all tort claims against any person which arise while that person is rendering assistance during an emergency (1) at the request of any authorized representative of the agency or (2) pursuant to an agreement for mutual state radiological assistance as provided for in Section
45-14-15(4)
, the provisions of Section
7-5-43
, Mississippi Code of 1972, shall apply as if such person were an employee of this state.
Laws, 1976, ch. 469, § 9, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-19 - Records to be kept by persons possessing or using sources of radiation; furnishing employees their personnel exposure records

(1)
The agency is authorized to require each person who possesses or uses a source of radiation:
(a)
to maintain appropriate records relating to its receipt, storage, use, transfer or disposal and maintain such other records as the agency may require, subject to such exemptions as may be provided by rules and regulations; and
(b)
to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring may be required by the agency, subject to such exemptions as may be provided by rules and regulations. Copies of all records required to be kept by this chapter shall be submitted to the agency or its duly authorized agents upon request.
(2)
The agency is authorized to require that any person possessing or using a source of radiation, at the request of any employee, furnish to each employee for whom personnel monitoring is required a copy of such employee's personnel exposure record annually, and upon termination of employment at any time such employee has received excessive exposure.
Laws, 1976, ch. 469, § 10, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-21 - Refusal to grant license or registration; suspension, revocation or amendment of license or registration; emergency orders

(1)
The agency may refuse to grant a license or registration as provided in Sections
45-14-11
and
45-14-13
to any applicant or registrant who does not possess the requirements or qualifications which the agency may prescribe in rules and regulations, or who has been refused issuance or renewal of a license, registration, permit or certificate by a licensing or registering authority of another state or the United States Nuclear Regulatory Commission, or whose license, registration, permit or certificate has been revoked, suspended or restricted by such licensing or registering authority. The agency may suspend, revoke or amend any license or registration in the event that the person to whom such license or registration was granted violates any of the rules and regulations of the agency, or ceases, or fails to have the reasonable facilities prescribed by the agency, or has a license, registration, permit or certificate revoked, suspended or restricted by a licensing or registering authority of another state, or the United States Nuclear Regulatory Commission. Provided, that before any order is entered denying an application for a license or registration or suspending, revoking, modifying or amending a license or registration previously granted, the applicant or person to whom such license or registration was granted shall be given notice and granted a hearing by the state health officer.
(2)
Whenever the agency in its opinion finds that an emergency exists requiring immediate action to protect the public health and safety, the agency may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any provision of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, and on application to the agency shall be afforded a hearing within ten (10) days. On the basis of such a hearing, the emergency order shall be continued, modified or revoked within thirty (30) days after such hearing, as the board, with consultation of the council, may deem appropriate under the evidence.
(3)
Any applicant or person to whom a license or registration was granted who shall be aggrieved by any order of the agency or its duly authorized agent denying such application or suspending, revoking or amending such license or registration, may appeal directly to the chancery court of the county of his residence, or if he is a nonresident, to the Chancery Court of the First Judicial District of Hinds County, Mississippi.
Laws, 1976, ch. 469, § 11; Laws, 1979, ch. 399, eff. 3/20/1979.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-23 - Emergency impounding of sources of radiation

(1)
Authorized representatives of the agency shall have the authority in the event of an emergency to impound or order the impounding of sources of radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules or regulations issued thereunder.
(2)
The agency may release such sources of radiation to the owner thereof upon terms and conditions in accordance with the provisions of this chapter and rules and regulations adopted thereunder or may bring an action in the chancery court of the county wherein the cause of action occurred for an order condemning such sources of radiation and providing for their destruction or other disposition so as to protect the public health and safety.
Laws, 1976, ch. 469, § 12, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-27 - Liability for state coordination of decontamination of radiation accidents or perpetual maintenance and custody of radioactive materials

(1)
Upon completion of any project or activity regarding emergency response to and coordination of decontamination of radiation accidents or perpetual maintenance and custody of radioactive materials, each agency of the state that has participated by furnishing personnel, equipment or material shall deliver to the agency record of the expenses incurred by that agency. The amount of incurred expenses shall be disbursed by the secretary and executive officer of the state board of health to each agency from funds available therefor. Upon completion of such project or activity, the agency shall prepare a statement of all expenses and costs for the project or activity expended by the state and shall make demand for payment upon the person having control over the radioactive materials or the release thereof which necessitated said project or activity. Any person having control over the radioactive materials or the release thereof and any other person causing or contributing to an incident necessitating such project or activity stated in this subsection shall be directly liable to the state for the necessary expenses incurred thereby and the state shall have a cause of action to recover from any or all such persons. If the person having control over the radioactive materials or the release thereof shall fail or refuse to pay the sum expended by the state, the agency shall refer the matter to the Attorney General of Mississippi who shall institute an action in the name of the state in the chancery court of the county in which the project or activity was undertaken by the state to recover such cost and expenses.
(2)
In any action instituted by the attorney general under this chapter, a verified and itemized statement of the expenses incurred by the state in any project or activity stated in subsection (1) of this section, shall be filed with the complaint and shall constitute a prima facie case, and the state shall be entitled to a judgment thereon in the absence of allegation and proof on the part of the defendant or defendants that:
(a)
the statement of expenses incurred by the state is not correct because of an error in the calculation of the amount due; or
(b)
the statement of the amount due is not correct because of an error in not properly crediting the account with any cash payment, or payments, or other satisfaction, which may have been made thereon.
Laws, 1976, ch. 469, § 14, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-29 - Bond, insurance or other security of persons dealing in radioactive materials

No person shall use, manufacture, produce, transport, transfer, receive, acquire, own or possess radioactive materials until that person shall have procured and filed with the agency such bond, insurance or other security as the agency may by regulation require. Such bond, insurance or other security shall:
(a)
run in favor of the State of Mississippi in the amount set by the agency which shall be a reasonable amount commensurate with the possible danger and potential damage which may occur due to the use, manufacture, production, transportation, transfer, receipt, acquisition or possession of radioactive materials; provided, however, that the minimum amounts shall be as follows:
(i)
One Hundred Thousand Dollars ($100,000.00) for all damages because of bodily injury sustained by one (1) person as the result of any one (1) occurrence and Three Hundred Thousand Dollars ($300,000.00) for all damages because of bodily injury sustained by two (2) or more persons as the result of any one (1) occurrence;
(ii)
One Hundred Thousand Dollars ($100,000.00) for all claims arising out of damage to property as the result of any one (1) occurrence including completed operations, with an aggregate limit of Three Hundred Thousand Dollars ($300,000.00) for all property damage to which the policy applied; and
(b)
have as guarantor on such bond or insurance a surety company licensed to do business in the State of Mississippi.
Laws, 1976, ch. 469, § 15, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-31 - Fees for radiological health services

(1)
All initial application and registration fees and annual fees due under this section shall be paid directly to the agency for deposit into the Radiological Health Operations Fund in the State Treasury. The Mississippi State Board of Health shall submit its separate budget for carrying out the provisions of this chapter. The budget shall be subject to and shall comply with the requirements of the state budget law.
(2)
In order to supplement state radiological health budget allocations authorized to carry out and enforce the provisions of this chapter, the agency is authorized to charge and collect fees for the following radiological health services:
(a)
Materials Licensing Fees: application fee and annual fees shall be in congruence with and subject to
10 C.F.R. 170.21
,
10 C.F.R. 170.31
and
10 C.F.R. 170.32
; and
(b)
Except as otherwise provided by law, the State Board of Health or the State Department of Health may increase the amount of any fee charged by the board or the department for providing radiation health services, including the issuance and renewal of licenses and registrations, not more than two (2) times during the period of July 1, 2024, through June 30, 2028, with the percentage of each increase being not more than twenty-five percent (25%) of the amount of the fee in effect at the time of the increase.
The radiological health services that are included in each specified category shall be determined by the agency by rules and regulations adopted by the agency.
(3)
The agency shall set the amount of the fees for all other radiological health services not specified in subsection (2) of this section, and any increase in the fees charged by the agency under this subsection shall be in accordance with the provisions of Section
41-3-65
.
Laws, 1976, ch. 469, § 16; Laws, 1979, ch. 341; Laws, 1984, ch. 488, § 215; Laws, 1986, ch. 371, § 16; Laws, 1990, ch. 376, § 1; Laws, 1991, ch. 606, § 10; Laws, 2000, ch. 429, § 1; Laws, 2006, ch. 389, § 1, eff. 7/1/2006.
Amended by Laws, 2024, ch. 388, SB 2862,§ 1, eff. 7/1/2024.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 37, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 37, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 6, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-33 - Unlawful acts

It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own or possess any source of radiation unless licensed, registered or exempted by the agency in accordance with the provisions of this chapter and the rules and regulations adopted and promulgated hereunder. The provisions of this chapter regarding licensing, permits, registration and bonding shall not apply to the use, ownership, transportation, acquisition, receipt or transferral of household consumer products when so used, owned, transported, acquired, received or transferred by retailers or consumers of the State of Mississippi.
Laws, 1976, ch. 469, § 17, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-35 - Local ordinances, resolutions and regulations relating to sources of radiation are not superseded

Ordinances, resolutions or regulations, now or hereafter in effect, of the governing body of a municipality or county or the political entity relating to sources of radiation shall not be superseded by this chapter; provided, that such ordinances or regulations are and continue to be no more restrictive than, and consistent and compatible with, the provisions of this chapter, as amended, and rules and regulations promulgated by the agency.
Laws, 1976, ch. 469, § 18, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-37 - Penalties

Any person who willfully and knowingly violates any provisions of this chapter or rules and regulations promulgated hereunder, or who hinders, obstructs or otherwise interferes with any authorized representative of the agency in the discharge of his official duties in making inspections as provided in Section
45-14-15(1)
or in impounding sources of radiation as provided in Section
45-14-23
shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or imprisoned for not more than thirty (30) days, or both such fine and imprisonment.
Laws, 1976, ch. 469, § 19, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-39 - Report to air and water pollution control commission as to waters containing radioactive materials

When the agency determines that any waters contain any radioactive materials, the agency shall submit a report so advising the Mississippi Air and Water Pollution Control Commission.
Laws, 1976, ch. 469, § 20, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIATION PROTECTION LAW OF 1976 (§§ 45-14-1 — 45-14-41) › Section 45-14-41 - No state jurisdiction over federally licensed and regulated nuclear powered steam electric generating plants

Nothing in this chapter shall be construed to confer jurisdiction to the State of Mississippi over the construction, operation or maintenance of nuclear powered steam electric generating plants licensed and regulated by the United States Nuclear Regulatory Commission or any successor agency.
Laws, 1976, ch. 469, § 22, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIOACTIVE WASTE TRANSPORTATION ACT (§§ 45-14-51 — 45-14-69) › Section 45-14-51 - Short title

Sections
45-14-51
through
45-14-69
shall be known and may be cited as the "Mississippi Radioactive Waste Transportation Act."
Laws, 1982, ch. 432, § 1, eff. 4/1/1982.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIOACTIVE WASTE TRANSPORTATION ACT (§§ 45-14-51 — 45-14-69) › Section 45-14-53 - Legislative purpose

The Legislature finds that the transportation of radioactive waste poses a potential threat to the health and safety of the people of Mississippi. The protection of public health and safety in the event of a transportation accident involving radioactive waste requires the preparation of emergency response procedures and the training of public safety officials in the proper response to such an incident. The costs of radiological emergency response planning for transportation accidents should properly be borne by shippers of radioactive waste.
Laws, 1982, ch. 432, § 2, eff. 4/1/1982.