reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 35 - MISSISSIPPI DAIRY PROMOTION ACT (§§ 69-35-1 — 69-35-33) › Section 69-35-5 - Definitions

The following terms shall have the following meanings unless context shall provide otherwise:
(a)
"State" means the State of Mississippi;
(b)
"Milk" means any class of cow's milk produced in the state;
(c)
"Dairy products" means products manufactured for human consumption which are derived from the processing of milk and includes fluid milk products;
(d)
"Fluid milk products" means those products normally consumed in liquid form as a beverage;
(e)
"Person" means any individual, group of individuals, partnership, corporation, association, cooperative association, or any other entity;
(f)
"Producer" means any person engaged in the production of milk for commercial use;
(g)
"Promotion" means actions such as paid advertising, sales promotion and publicity to advance the image and sales of and demand for dairy products;
(h)
"Nutrition education" means those activities intended to broaden the understanding of sound nutritional principle including the role of milk and dairy products in a balanced diet;
(i)
"State ADA" means the American Dairy Association of Mississippi;
(j)
"Extension service" means the Mississippi Cooperative Extension Service;
(k)
"Bulk tank unit" means a bulk tank unit as defined in accordance with the State Board of Health, Dairy Inspection Division;
(l)
"Block voting" means the vote cast by associations approved to be eligible to vote as described in Section
69-35-25
;
(m)
"Handler" means any person engaged in the business of distributing, marketing, or in any manner handling fluid milk or dairy products, in whole or in part, for consumption;
(n)
"National Dairy Board" means the National Dairy Promotion and Research Board established under
7 U.S.C. 4504
, as amended;
(o)
"Act" shall mean the Mississippi Dairy Promotion Act; and
(p)
"Cooperative association" means any cooperative marketing association of producers which is organized under the provisions of the act of Congress of February 18, 1922, known as the "Capper-Volstead Act."
Laws, 1989, ch. 504, § 3, eff. 4/4/1989.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 35 - MISSISSIPPI DAIRY PROMOTION ACT (§§ 69-35-1 — 69-35-33) › Section 69-35-7 - Activities under chapter not illegal or in restraint of trade

No association, meeting or activity undertaken pursuant to the provisions of this act and intended to benefit all of the producers and handlers of milk and dairy products in Mississippi shall be deemed or considered illegal or in restraint of trade.
Laws, 1989, ch. 504, § 4, eff. 4/4/1989.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 35 - MISSISSIPPI DAIRY PROMOTION ACT (§§ 69-35-1 — 69-35-33) › Section 69-35-9 - Dairy producers' referendum on levying milk assessment

It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that, producers and handlers of milk and dairy products shall be permitted by referendum to be held among producers in the state and subject to the provisions of this act, to levy upon themselves an assessment on such milk produced in the state, for the purpose of financing or contributing towards the financing of a program of promotion and nutrition education designed to strengthen the dairy industry's position in the marketplace and to maintain and expand domestic and foreign markets and use for fluid milk and dairy products produced in the state and the United States. It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that the state ADA conduct the referendum in coordination with the extension service in accordance with the provisions of this act and the Federal Dairy Promotion Program codified in
7 U.S.C. 4501
, et seq.
Laws, 1989, ch. 504, § 5, eff. 4/4/1989.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 35 - MISSISSIPPI DAIRY PROMOTION ACT (§§ 69-35-1 — 69-35-33) › Section 69-35-13 - Supervision of referendum; expense

The arrangements for, management and supervision of any referendum conducted under the provisions of this act shall be under the direction of the state ADA in cooperation with the county extension agent of each county in the state, and any and all expenses in connection therewith shall be borne by the state ADA.
Laws, 1989, ch. 504, § 7, eff. 4/4/1989.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 35 - MISSISSIPPI DAIRY PROMOTION ACT (§§ 69-35-1 — 69-35-33) › Section 69-35-15 - Referendum to be statewide; question to be submitted

Any referendum conducted under the provisions of this act shall be held on a statewide basis. In such referendum, the bulk tank units eligible for participation shall vote upon the question of whether or not there shall be levied an annual assessment for a period of five (5) years in the amount set forth in the call for such referendum.
Laws, 1989, ch. 504, § 8, eff. 4/4/1989.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 35 - MISSISSIPPI DAIRY PROMOTION ACT (§§ 69-35-1 — 69-35-33) › Section 69-35-17 - Majority vote rules

If in such referendum called under the provisions of this act a simple majority of the bulk tank units eligible to participate and voting therein shall vote in the affirmative and in favor of the levying and collection of such assessment proposed in such milk referendum covered thereby, then such assessment shall be collected in the manner determined and announced by the state ADA.
Laws, 1989, ch. 504, § 9, eff. 4/4/1989.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 35 - MISSISSIPPI DAIRY PROMOTION ACT (§§ 69-35-1 — 69-35-33) › Section 69-35-19 - Defeat of referendum; subsequent referendums

In the event such referendum so to be conducted as herein provided shall not be supported by a majority of those eligible for participation and voting therein, then the state ADA and extension service conducting the said referendum shall have the full power and authority to call another referendum for the purposes herein set forth in the next succeeding year, on the question of an annual assessment for five (5) years.
Laws, 1989, ch. 504, § 10, eff. 4/4/1989.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 35 - MISSISSIPPI DAIRY PROMOTION ACT (§§ 69-35-1 — 69-35-33) › Section 69-35-21 - Time, manner, and form of giving notice of referendum; contents of notice

The hours, voting places, rules and regulations of the milk and dairy products, said referendum date, hours, voting places, rules and regulations with respect to the holding of such referendum shall be published by the state ADA and extension service through the medium of the public press in the state at least thirty (30) days before the holding of such referendum, and direct written notice thereof shall likewise be given to all dairy-related organizations within the state and to each county extension agent and shall likewise state the method by which such assessment shall be collected and how the proceeds thereof shall be administered and the purposes to which the same shall be applied, which purposes shall be in keeping with the provisions of this act.
Laws, 1989, ch. 504, § 11, eff. 4/4/1989.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 35 - MISSISSIPPI DAIRY PROMOTION ACT (§§ 69-35-1 — 69-35-33) › Section 69-35-23 - Preparation and distribution of ballots; conduct of referendum; results

The state ADA and extension service shall likewise prepare and distribute in advance of such referendum all necessary ballots for the purposes thereof, and shall, under rules and regulations promulgated, arrange for the necessary poll holders for conducting the said referendum; and following such referendum and within ten (10) days thereafter shall canvas and publicly declare the result of such referendum.
Laws, 1989, ch. 504, § 12, eff. 4/4/1989.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 35 - MISSISSIPPI DAIRY PROMOTION ACT (§§ 69-35-1 — 69-35-33) › Section 69-35-25 - Vote of cooperative associations

(1)
In conducting any referendum under this act, the state ADA and extension service shall consider the approval or disapproval by any cooperative association engaged in a bona fide manner in marketing milk or the dairy products as the approval or disapproval of the producers who are members of or under contract with such cooperative association of producers.
(2)
In order to be eligible to vote in a referendum, a cooperative association must:
(a)
Certify to the state ADA and extension service in conjunction with casting its ballot, that the association is organized under the provisions of the "Capper-Volstead Act" and that it is engaged in a bona fide manner in marketing its members' milk or dairy products;
(b)
Certify to the state ADA and extension service in conjunction with casting its ballot, the number of bulk tank units on whose behalf the cooperative association is casting a ballot, that such bulk tank units are members of or under contract with the cooperative association and that the association was engaged during the representative period in marketing the milk of each of the bulk tank units for whom the cooperative association claims the right to vote;
(c)
Furnish to the state ADA and extension service in conjunction with casting its ballot, a copy of the resolution authorizing the casting of the ballot;
(d)
Certify to the state ADA and extension service in conjunction with casting its ballot, that the cooperative association has complied with the requirements of subsection (3) of this section; and
(e)
Agree to make available to the state ADA and extension service necessary records and information pertaining to the representative period to validate the eligibility of the cooperative association to vote and to verify the number and identity of the producers on whose behalf the cooperative association claims the right to vote.
(3)
Not later then thirty (30) days prior to the beginning of the referendum, each cooperative association shall notify the state ADA and extension service as to whether or not the association intends to vote on behalf of its bulk tank units.
Laws, 1989, ch. 504, § 13, eff. 4/4/1989.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 35 - MISSISSIPPI DAIRY PROMOTION ACT (§§ 69-35-1 — 69-35-33) › Section 69-35-27 - Collection of assessment; failure to pay assessment

(1)
In the event a majority of the bulk tank units eligible for participation in such referendum and voting therein shall vote in favor of such assessment, then the said assessment shall be collected monthly for the number of years set forth in the call for such referendum, and the collection of such assessment shall be under such method, rules and regulations as may be determined by the state ADA conducting the same; and the said assessment so collected shall be paid into the treasury of the state ADA to be used together with other funds from other sources. Funds to be collected pursuant to a referendum conducted under this act shall be withheld and paid by each handler, including producer handlers, to the state ADA by the last calendar day of the month succeeding the month in which the milk was received by the handler.
(2)
In the event of a failure to pay part or all of an assessment levied pursuant to this act, the Attorney General of the state shall, upon the request of the state ADA, enforce the provisions of this act and collect such monies for payment to the state ADA. In the alternative to requesting the Attorney General to enforce the provisions of this act, the state ADA may bring a civil action to collect assessment from a handler failing to pay such assessments. A handler found to have failed to pay assessments pursuant to this act shall also be liable for reasonable attorney's fees and costs in the collection of such assessments.
Laws, 1989, ch. 504, § 14, eff. 4/4/1989.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 35 - MISSISSIPPI DAIRY PROMOTION ACT (§§ 69-35-1 — 69-35-33) › Section 69-35-29 - Refund of assessments

In the event such referendum is carried in the affirmative and the assessment is levied and collected as provided herein and under the regulations to be promulgated by the state ADA, any bulk tank unit upon and against whom such assessments shall have been levied and collected under the provisions of this act, if a bulk tank unit is dissatisfied with said assessment and the result thereof, such unit shall have the right to demand that the treasurer of the state ADA refund such assessment so collected from such bulk tank unit, provided such demand for refund is made in writing within thirty (30) days from the date on which said assessment is collected or due to be collected, whichever is earlier, from such bulk tank unit under the rules and regulations of the state ADA. Pursuant to the Dairy Promotion Stabilization Act of 1983,
7 U.S.C. Section 4510
et seq., any such funds shall be transferred to the National Dairy Board by the treasurer of the state ADA.
Laws, 1989, ch. 504, § 15, eff. 4/4/1989.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 35 - MISSISSIPPI DAIRY PROMOTION ACT (§§ 69-35-1 — 69-35-33) › Section 69-35-31 - Report of amount of assessments received and collected

In the event of the levying and collection of assessments as herein provided, the treasurer of the state ADA conducting same shall, within ninety (90) days after the end of any calendar year in which such assessments are collected, have available upon written request by a producer, or extension service or other agency of the state, a statement of the amount or amounts so received and collected by him under the provisions of this act.
Laws, 1989, ch. 504, § 16, eff. 4/4/1989.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 35 - MISSISSIPPI DAIRY PROMOTION ACT (§§ 69-35-1 — 69-35-33) › Section 69-35-33 - Date of initial referendum

The date of any initial referendums authorized under the provisions of this act shall be set on or before June 1, 1989.
Laws, 1989, ch. 504, § 17, eff. 4/4/1989.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 36 - SOUTHERN DAIRY COMPACT (§§ 69-36-1 — 69-36-9) › Section 69-36-3 - [Effective when enacted into law by at least two other states within compact group and when consent of Congress obtained] Mississippi compact delegation members; terms; vacancies; compensation

(1)
The Commissioner of Agriculture and Commerce shall appoint five (5) delegates from Mississippi to represent the state on the Southern Dairy Compact Commission, created and provided for in Article III of the Southern Dairy Compact. The delegates shall include one (1) dairy producer who is engaged in the production of milk at the time of appointment or reappointment, one (1) consumer representative, one (1) dairy processor, one (1) retail distributor and one (1) delegate at large. There shall be at least one (1) member appointed from each separate Supreme Court district in Mississippi.
(2)
Each delegate shall serve for a term of four (4) years and shall serve diligently and conscientiously and shall strive to achieve the purposes of the Southern Dairy Compact.
(3)
Each appointment shall be submitted to the Mississippi Senate for confirmation.
(4)
Vacancies in delegate positions shall be filled in the same manner as the original appointments for the unexpired portion of the vacant delegate's position.
(5)
The commissioner may provide funding as necessary to the delegation during its term.
Laws, 1998, ch. 421, § 2, effective when enacted into law by at least two (2) other states within the compact group of states and when the consent of Congress has been obtained.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 36 - SOUTHERN DAIRY COMPACT (§§ 69-36-1 — 69-36-9) › Section 69-36-5 - [Effective when enacted into law by at least two other states within compact group and when consent of Congress obtained] Access to records and information

The Commissioner of Agriculture and Commerce may, by lawful means, obtain information pertaining to the dairy industry which he deems necessary to carry out the purposes of the provisions of this chapter and the Southern Dairy Compact. Such information may be utilized by the commissioner, the delegates, and the Southern Dairy Compact Commission.
Laws, 1998, ch. 421, § 3, effective when enacted into law by at least two (2) other states within the compact group of states and when the consent of Congress has been obtained.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 36 - SOUTHERN DAIRY COMPACT (§§ 69-36-1 — 69-36-9) › Section 69-36-7 - [Effective when enacted into law by at least two other states within compact group and when consent of Congress obtained] Rules and regulations

The Commissioner of Agriculture and Commerce may adopt such rules and regulations, in accordance with the Mississippi Administrative Procedure Act, Section
25-43-1
et seq., Mississippi Code of 1972, as are necessary to carry out the purposes of this chapter and the Southern Dairy Compact.
Laws, 1998, ch. 421, § 4, effective when enacted into law by at least two (2) other states within the compact group of states and when the consent of Congress has been obtained.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 36 - SOUTHERN DAIRY COMPACT (§§ 69-36-1 — 69-36-9) › Section 69-36-9 - [Effective when enacted into law by at least two other states within compact group and when consent of Congress obtained] Penalties for violations

(1)
No person shall violate this chapter, the Southern Dairy Compact, or any rules or regulations adopted pursuant to either this chapter or the compact.
(2)
In addition to any other penalties provided by law, a civil penalty of One Thousand Dollars ($1,000.00) may be imposed for each violation, licenses may be revoked or suspended, or an additional penalty may be imposed in lieu of revocation or suspension.
(3)
Each day on which a violation occurs shall be a separate violation.
Laws, 1998, ch. 421, § 5, effective when enacted into law by at least two (2) other states within the compact group of states and when the consent of Congress has been obtained.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Boll Weevil Management Act."
Laws, 1993, ch. 345, § 1, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-3 - Purpose; liberal construction

The Legislature has determined that the boll weevil is a public nuisance, a pest and a menace to the cotton industry. The purpose of this chapter is:
(a)
To provide procedures through which cotton growers in the State of Mississippi may manage boll weevil suppression, pre-eradication or eradication programs and boll weevil containment/maintenance programs;
(b)
To provide for certification of the Mississippi Boll Weevil Management Corporation to cooperate with state and federal agencies in the administration of cost-sharing programs for suppression, pre-eradication, eradication or post-eradication of boll weevils in Mississippi; and
(c)
To empower the Mississippi Department of Agriculture and Commerce to promulgate and enforce regulations in support of those programs. This chapter should be construed liberally to achieve these purposes.
Laws, 1993, ch. 345, § 2; Laws, 2010, ch. 524, § 2, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-7 - Authorization for programs to suppress or eradicate boll weevil; cooperation with other agencies or persons

The commissioner, with the approval of the corporation, is authorized to carry out programs to suppress or eradicate the boll weevil in this state through suppression, pre-eradication, post-eradication, or containment/maintenance programs. The commissioner is authorized to cooperate with any agency of any state or the federal government, any other agency in this state, any person engaged in growing, processing, marketing, or handling cotton, or any group of those persons in this state in programs to effectuate the purposes of this chapter and may enter into written agreements to effectuate those purposes. The agreements may provide for cost sharing and for division of duties and responsibilities under this chapter and may include other provisions generally to effectuate the purposes of this chapter.
Laws, 1993, ch. 345, § 4; Laws, 2010, ch. 524, § 4, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-9 - Entry upon premises to carry out provisions of chapter; monitoring, inspection, treatment with pesticides, and other activities; notice to owner; warrant

The commissioner and the corporation or their authorized agent(s), after first notifying the owner, shall have authority to enter cotton fields, cotton processing facilities and other premises in order to carry out survey, suppression or eradication activities, including treatment with pesticides and monitoring of growing cotton or other host plants as may be necessary to carry out the provisions of this chapter. The commissioner and the corporation or their authorized agent(s) shall have authority to make inspection of any fields or premises in this state and any property located therein for the purpose of determining whether such property is infested with the boll weevil and for determining the extent of infestation. Such inspection and other activities may be conducted in a reasonable manner without a warrant at any reasonable time. Any judge of this state may, within his or her jurisdiction and upon proper cause shown, issue a warrant giving the commissioner the right of entry to any premises for the purpose of carrying out the provisions of this section or other activities authorized by this chapter.
Laws, 1993, ch. 345, § 5; Laws, 2010, ch. 524, § 5, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-11 - All persons growing cotton to furnish information to commissioner and corporation

Every person growing cotton in this state shall furnish to the commissioner and the corporation on forms supplied by the commissioner such information as the commissioner may require concerning the size and location of all commercial cotton fields and of noncommercial plantings of cotton grown as an ornamental plant or for any other purposes.
Laws, 1993, ch. 345, § 6; Laws, 2010, ch. 524, § 6, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-13 - Bureau may certify Mississippi Boll Weevil Management Corporation for purpose of entering into agreements to effectuate purposes of chapter; eligibility for certification; corporation board of directors

(1)
The Mississippi Boll Weevil Management Corporation, upon certification by the bureau, may enter into agreements with the State of Mississippi, other states, the federal government and other parties as may be necessary to carry out the purposes of this chapter.
(2)
In order to be eligible for certification by the bureau, the corporation must demonstrate to the satisfaction of the bureau that:
(a)
It is a nonprofit organization and could qualify for tax-exempt status under Section 501(a) of the Internal Revenue Code of 1954 [
26 USC 501(a)
] ;
(b)
Its purpose is for the representation of cotton growers associations that are open to all cotton growers in this state; and
(c)
It has only one (1) class of voting members with each member entitled to only one (1) vote.
(3)
The corporation's board of directors shall be composed of members who shall be chosen according to bylaws established by the corporation. Two (2) members elected from each of the five (5) original cotton growers regions as those regions existed before July 1, 2010, shall serve as voting members.
(4)
There shall be six (6) nonvoting advisory members as follows:
(a)
The Commissioner of Agriculture and Commerce, who shall serve in a nonvoting advisory capacity only, or his or her designee;
(b)
The Vice President of the College of Agriculture and Life Sciences at Mississippi State University, who shall serve in a nonvoting advisory capacity only, or his or her designee;
(c)
The Vice President of the School of Agriculture, Research, Extension and Applied Sciences at Alcorn State University, who shall serve in a nonvoting advisory capacity only, or his or her designee;
(d)
The President of the Mississippi Farm Bureau Federation, who shall serve in a nonvoting advisory capacity only, or his or her designee; and
(e)
The Chairmen of the Senate and House Agriculture Committees, who shall serve in nonvoting advisory capacities only.
(5)
All books and records of account and minutes of proceedings of the board shall be available for inspection or audit by the commissioner at any reasonable time.
(6)
Employees or agents of the board who handle funds of the board shall be adequately bonded in an amount to be determined by the commissioner.
Laws, 1993, ch. 345, § 7; Laws, 2010, ch. 524, § 7, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-15 - Certification of Mississippi Boll Weevil Management Corporation as official administrative and regulatory body; effect; revocation; debts of corporation not a liability of bureau or department

Upon determination by the bureau that the Mississippi Boll Weevil Management Corporation meets the requirements of Section
69-37-13
, the bureau shall certify the corporation as the official administrative and regulatory body for all Mississippi cotton growers who are members of a cotton growers association as defined in Section
69-37-5
. The certification shall be for the purposes of this chapter only and shall not affect other organizations or associations of cotton growers established for other purposes.
The bureau shall certify only one (1) corporation and may revoke the certification of the corporation if at any time the corporation fails to meet the requirements of this chapter. The debts of the corporation, if there are any, shall not become the liability of the bureau or the department.
Laws, 1993, ch. 345, § 8; Laws, 2010, ch. 524, § 8, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-19 - Conduct of referenda; expenses

The arrangements for and management of any referendum held under this chapter shall be under the direction of the Mississippi Boll Weevil Management Corporation. The corporation shall bear all expenses incurred in conducting the referendum, to include furnishing the ballots and arranging for the necessary poll holders.
Laws, 1993, ch. 345, § 10; Laws, 2010, ch. 524, § 10, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-21 - Subsequent referenda; annual report; limitation on assessment of fees

(1)
If any referendum conducted under this chapter fails to receive the required number of affirmative votes, the bureau, at the request of the corporation, shall be authorized to call other referenda.
(2)
After the passage of any referendum, the eligible voters may be allowed, by subsequent referenda to be held upon recommendation of the corporation, to vote on whether to continue with the program and/or to modify the assessment fee. However, before any referendum is held proposing any modifications of the assessment, the corporation must submit its recommendation to the commissioner for approval. Upon petition by twenty percent (20%) of all eligible voting cotton growers within the state, the corporation shall be required to conduct a subsequent referendum on the question called in the petition, provided that the corporation is required to hold no more than one (1) petitioned referendum during any given calendar year. All the requirements for an initial referendum must be met in any subsequent referenda. The results of the referendum, along with annual audits of all monies expended on programs affected by the referendum, shall be reported each year to the Lieutenant Governor, the Speaker of the House of Representatives and the Chairmen of the Senate Agriculture Committee and the House of Representatives Agriculture Committee.
(3)
It is the intent of the Legislature that the cost of the containment/maintenance phase of the boll weevil eradication program be borne by the producers, and that any subsequent debt incurred by the program be funded by subsidies, loans and grants from the federal government and other sources.
(4)
No assessment under any subsequent referendum for a containment/maintenance program may exceed Twelve Dollars ($12.00) an acre, and it shall be incumbent upon the Mississippi Boll Weevil Management Corporation to levy only that amount necessary to ensure the financial stability of the eradication program.
Laws, 1993, ch. 345, § 11; Laws, 2001, ch. 487, § 1; Laws, 2010, ch. 524, § 11, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-23 - Liens to secure payment of assessments and penalties; destruction of untreatable commercial cotton as nuisance; compensation

(1)
For statewide management when assessments are established by passage of a referendum, the commissioner shall have a lien for payment of the assessments, together with any penalties levied under this chapter, against all cotton grown by each cotton grower who grows cotton within the state. This lien shall be of equal dignity with liens for taxes in favor of the state and the commissioner is authorized to issue executions for the collection of the assessments and liens described in this section in like manner as executions are issued for ad valorem property taxes due the state.
(2)
In addition, the commissioner shall have a special lien on cotton for payment of assessments, together with any penalties levied under this chapter, which shall be superior to any other lien provided by law, shall arise as of the time the assessments become due and payable, and shall cover all cotton grown by the cotton grower from the date the lien arises until the assessments are paid. However, any buyer of cotton shall take free of the lien if the buyer has not received written notice of the lien from the commissioner, or if he has paid for the cotton by a check in which the department is named as joint payee.
(3)
A cotton grower who fails to pay when due and upon reasonable notice any assessment levied under this chapter shall be subject to a per acre penalty as established in the bureau's regulations, in addition to the assessment.
(4)
Commercial cotton that is located in sites that cannot be treated adequately because of health, environmental or other concerns shall be deemed to be a public nuisance and shall be destroyed promptly. The commissioner, with the consent of the corporation and the approval of the Attorney General, may apply to the circuit court of the judicial circuit in which the public nuisance is located to have the nuisance condemned and destroyed. This injunctive relief shall be available to the commissioner notwithstanding the existence of any other legal remedy and the commissioner shall not be required to file a bond.
In those cases where commercial cotton is destroyed because of prevented treatment due to health or environmental concerns, the owner of the cotton shall be compensated for that portion of the crop that is destroyed. The per acre amount of the payments shall be based on a reasonable estimate of the value of the crop as determined by the commissioner in consultation with the corporation and the affected producer. Payments for those losses shall be funded by assessment fees paid by cotton growers and administered by the corporation.
Laws, 1993, ch. 345, § 12; Laws, 2010, ch. 524, § 12, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-25 - Quarantine, and control of movement of articles from infested areas in other states, by regulation of Bureau of Plant Industry

The Bureau of Plant Industry is authorized to promulgate regulations quarantining this state, or any portion thereof, and governing the storage, treatment, or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from such areas. The bureau shall determine when such action is necessary, or appears reasonably necessary, to prevent or retard the spread of the boll weevil. The bureau is also authorized to promulgate regulations governing the movement of regulated articles from other states or portions thereof into this state when such state is known to be infested with the boll weevil. The promulgation of these regulations shall conform in all aspects to the Mississippi Administrative Procedures Law, Sections
25-43-1
et seq., Mississippi Code of 1972, and sound principles of quarantines.
Laws, 1993, ch. 345, § 13, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-27 - Suppression, pre-eradication, eradication and no-growth zones; growers to share costs; notice, referenda, penalties, and appeal of penalties

The bureau, with the concurrence of the corporation, is authorized to designate by regulation one or more areas of this state as "suppression zones," "pre-eradication zones" or "eradication zones" where the specified boll weevil management programs will be undertaken. The bureau, with the concurrence of the corporation, is authorized to promulgate reasonable regulations regarding areas where cotton cannot be planted within a specified management zone when there is reason to believe that growing cotton in those areas will jeopardize the success of the program or present a hazard to public health or safety. The bureau, with the concurrence of the corporation, is authorized to issue regulations prohibiting the planting of noncommercial cotton in the management zones and requiring that all growers of commercial cotton in these zones participate in the specified boll weevil management program and share equitably in the cost. The costs shall be determined by available scientific data on the basis of the level of boll weevil infestation and the anticipated costs of the program in the various regions and shall be approved via referendum by cotton growers within the affected area under procedures set forth in this chapter. Notice of the prohibition and requirement shall be given by publication for one (1) day each week for three (3) successive weeks in a newspaper having general circulation in the affected area. The bureau, with the concurrence of the corporation, is authorized to set by regulation a reasonable schedule of penalty fees to be assessed when growers in designated "management zones" do not meet the requirements of regulations issued by the bureau with respect to reporting of acreage and participation in cost-sharing as prescribed by regulation. The penalty fees shall not exceed a charge of One Hundred Dollars ($100.00) per acre. The cotton grower charged with those penalties has the right to appeal this decision to the corporation.
Laws, 1993, ch. 345, § 14; Laws, 2010, ch. 524, § 13, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-29 - Destruction or treatment of cotton in eradication zones; compensation

The commissioner, with the concurrence of the corporation, is authorized to destroy, or cause to be treated with pesticides, volunteer or other noncommercial cotton and to establish procedures for the purchase and destruction of commercial cotton in eradication zones when the commissioner deems the action necessary to effectuate the purposes of this chapter. No payment shall be made by the commissioner to the owner or lessee for the destruction or injury of any cotton that was planted in an eradication zone after publication of notice as provided in this chapter, or was otherwise handled in violation of this chapter or the regulations adopted under this chapter. However, the commissioner shall pay for losses resulting from the destruction of cotton that was planted in those zones before promulgation of the notice. Payments for those losses shall be funded by assessment fees paid by cotton growers and administered by the corporation.
Laws, 1993, ch. 345, § 15; Laws, 2010, ch. 524, § 14, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-31 - Regulations pertaining to livestock pasturage, human entry, honeybee colonies, and other activities affecting boll weevil control programs

(1)
The bureau, with the concurrence of the corporation, is authorized to promulgate reasonable regulations restricting the pasturage of livestock, entry by persons, location of honeybee colonies or other activities affecting the boll weevil eradication program in affected areas, for limited periods of time, which have been or will be treated with pesticides or otherwise treated to cause the eradication of the boll weevil, or in any other areas that may be affected by those treatments.
(2)
The bureau shall also have authority to adopt any other rules and regulations as it deems necessary to further effectuate the purposes of this chapter, provided that those other rules and regulations are approved by the corporation.
Laws, 1993, ch. 345, § 16; Laws, 2010, ch. 524, § 15, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-33 - Penalties for violations

(1)
Any person who shall violate any of the provisions of this chapter or the regulations promulgated hereunder, or who shall alter, forge or counterfeit or use without authority any certificate or permit or other document provided for in this chapter or in the regulations promulgated hereunder shall be guilty of a misdemeanor.
(2)
Any person who, except in compliance with the regulations of the bureau, shall move any regulated article into this state from any other state, which the bureau found in such regulations is infested by the boll weevil, shall be guilty of a misdemeanor.
Laws, 1993, ch. 345, § 17, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-35 - Exemptions from assessment penalties for financial hardship; payment plan

The commissioner, with the consent of the corporation, is authorized to exempt from the assessment penalty requirements set forth in this chapter those cotton growers for whom paying the assessment penalties would impose an undue financial hardship, and the commissioner is authorized to establish, upon the recommendation of the corporation, a payment plan in those hardship cases. This exemption shall be implemented as follows:
(a)
The commissioner, with the consent of the corporation, shall adopt rules and regulations defining the criteria to be used in determining financial hardship. However, no exemption shall be granted to any cotton grower who, after the amount of assessments and penalties otherwise due has been subtracted from his taxable net income, has a net income exceeding Fifteen Thousand Dollars ($15,000.00) for the year in which he seeks an exemption;
(b)
Any cotton grower who claims an exemption shall apply on a form prescribed by the commissioner. A separate application shall be filed for each calendar year in which a cotton grower claims an exemption. Each application shall contain an explanation of the conditions to be met for approval. An oath shall be included on the form that upon completion shall be returned to the commissioner;
(c)
The commissioner shall forward all completed exemption application forms to the corporation. The corporation shall determine from the information contained in the application forms whether or not the applicants qualify for a hardship exemption (exemption from penalty) and may recommend a payment plan to the commissioner; and
(d)
The corporation shall notify the commissioner of its determination, which shall be binding upon the applicants. Upon receipt of the determination of the corporation, the commissioner shall promptly notify each affected cotton grower of that determination. If an exemption has been denied, assessments and penalties for the year in which the application was made shall become due at the time they would otherwise have become due had no application for exemption been filed or within thirty (30) days after the date of the commissioner's notice of an adverse determination, whichever is later.
Laws, 1993, ch. 345, § 18; Laws, 2010, ch. 524, § 16, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-37 - Extension of chapter to other cotton pests upon recommendation of the corporation

This chapter shall be extended to include all other cotton pest species upon recommendation of the corporation.
Laws, 1993, ch. 345, § 19; Laws, 1997, ch. 308, § 1; Laws, 2010, ch. 524, § 17, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-39 - Boll Weevil Management Fund; deposits; disbursements

There is created within the State Treasury a special fund to be designated the "Boll Weevil Management Fund" into which shall be deposited all the revenues required to be deposited into the fund under Section
27-65-75(14)
. Money deposited into the fund shall not lapse at the end of any fiscal year and investment earning on the proceeds in the special fund shall be deposited into the fund. Money from the fund shall be disbursed therefrom upon warrants issued by the State Fiscal Officer upon requisitions signed by the Commissioner of Agriculture and Commerce to assist the Mississippi Boll Weevil Management Corporation in carrying out its duties under the Mississippi Boll Weevil Management Act (Section
69-37-1
et seq.). The commissioner shall disburse all of the money the department receives from the fund to the Mississippi Boll Weevil Management Corporation, as defined in Section
69-37-5
, for the exclusive purpose of reducing the per acre grower assessments.
Laws, 1998, ch. 584, § 1; Laws, 2010, ch. 524, § 18, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 37 - MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT (§§ 69-37-1 — 69-37-41) › Section 69-37-41 - Mississippi Boll Weevil Management Corporation to be certified as administering authority to plan and implement boll weevil management programs

From and after July 1, 2010, the Mississippi Boll Weevil Management Corporation shall be certified by the Bureau of Plant Industry as the administering authority to plan and implement boll weevil management programs in this state, and all records, duties, responsibilities, assets, contractual rights and obligations relating to the administration, planning and implementation of boll weevil management programs in this state shall be under the jurisdiction of the corporation upon certification by the bureau. If for any reason the corporation fails to meet the criteria established in Sections
69-37-1
through
69-37-39
, the bureau may certify an alternate cotton grower's association to serve as administrative authority of boll weevil management programs.
Laws, 2010, ch. 524, § 1, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 39 - AGRICULTURAL LIMING MATERIALS (§§ 69-39-1 — 69-39-21) › Section 69-39-1 - Short title; administration of chapter

This chapter shall be known and may be cited as "The Mississippi Agricultural Liming Materials Act of 1993." This chapter shall be administered by the Commissioner of Agriculture and Commerce of the State of Mississippi herein referred to as the "commissioner."
Laws, 1993, ch. 581, § 1, eff. 7/1/1993; reenacted without change, Laws, 2009, ch. 330, § 1, eff. 7/1/2009.