reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 49 - FACTORY-BUILT HOMES (§§ 75-49-1 — 75-49-21) › Section 75-49-7 - Compliance with commissioner's rules

(1)
No person may manufacture, sell or offer for sale, or transport or install any factory-built home which has been constructed after July 1, 1970, unless such manufactured home, its components, systems and appliances were constructed and assembled in accordance with rules of the commissioner issued to afford reasonable protection to persons and property with respect to the construction, assembly and sale of such factory-built homes, and unless compliance with such rules be evidenced in the manner required by the commissioner's rules.
(2)
From and after July 1, 1992, no dealer, transporter or installer shall deliver or cause to be delivered any factory-built home to any person at any site where such home is to be used for human habitation without anchoring and blocking such home in accordance with rules, regulations and procedures promulgated by the commissioner pursuant to Section
75-49-5
; provided, however, that a period of thirty (30) days from date of delivery shall be allowed for the anchoring and blocking of such homes.
(3)
The requirements of this chapter with regard to any transporter of factory-built housing are in addition to the requirements of any other law currently in effect.
Codes, 1942, § 5131-104; Laws, 1970, ch. 494, § 4; Laws, 1979, ch. 312, § 2, eff. 7/1/1979; Laws, 1992, ch. 494, § 4, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 49 - FACTORY-BUILT HOMES (§§ 75-49-1 — 75-49-21) › Section 75-49-11 - Administration of chapter

The commissioner, acting through the Chief Deputy State Fire Marshal and the Factory Built Division of the Insurance Department, is hereby charged with the administration of this chapter. The commissioner may make and amend, alter or repeal, general rules and regulations of procedure for carrying into effect all provisions of this chapter, for obtaining statistical data respecting manufactured, mobile and modular homes, for establishing bonding and insurance requirements for the licensure of manufacturers, modular contractors, developer retailers and transporters or installers of factory-built homes, and to prescribe means, methods and practices to make effective such provisions, and he may make such investigations and inspection as in his judgment are necessary to enforce and administer this chapter.
The commissioner is authorized and empowered to require each manufacturer, modular contractor, developer, retailer and transporter or installer of factory-built homes to establish and maintain such records, make such reports and provide such information as he may reasonably require to determine whether the manufacturer, modular contractor, developer, retailer, transporter or installer has acted or is acting in compliance with this chapter and the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 USCS 5401 et seq.) and as amended by the Manufactured Housing Improvement Act of 2000, and other rules and regulations prescribed according to this chapter. The commissioner, or a person duly designated by the commissioner, is authorized to inspect appropriate books, papers, records and documents of any manufacturer, modular contractor, developer, retailer, transporter or installer of factory-built homes which are relevant to determining if the licensee has acted or is acting in compliance with this chapter and the Federal Manufactured Home Construction and Safety Standards (
24 CFR Section 3280
) and other rules and regulations prescribed according to this chapter.
Codes, 1942, § 5131-106; Laws, 1970, ch. 494, § 6; Laws, 1979, ch. 353, § 2; Laws, 1992, ch. 494, § 6; Laws, 2005, ch. 326, § 3; Laws, 2008, ch. 443, § 1, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 49 - FACTORY-BUILT HOMES (§§ 75-49-1 — 75-49-21) › Section 75-49-15 - Exemptions or exceptions with respect to factory-built homes produced in other states

In the issuance of rules and regulations hereon, the commissioner may provide appropriate exemption or exception with respect to factory-built homes produced in other states, upon his determining that the applicable rules and codes of such state of manufacture provide safeguards equally effective to those otherwise applicable under this chapter and rules made under this chapter.
Codes, 1942, § 5131-108; Laws, 1970, ch. 494, § 8; Laws, 1992, ch. 494, § 7, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 49 - FACTORY-BUILT HOMES (§§ 75-49-1 — 75-49-21) › Section 75-49-17 - Enforcement

No person may interfere, obstruct or hinder an authorized representative of the commissioner who displays proper department credentials in the performance of his duties as set forth in the provisions of this chapter.
Codes, 1942, § 5131-109; Laws, 1970, ch. 494, § 9, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 49 - FACTORY-BUILT HOMES (§§ 75-49-1 — 75-49-21) › Section 75-49-19 - Violations; penalties; exceptions

(1)
Any person who knowingly and willfully violates any of the provisions of this chapter or any rules and regulations made hereunder shall be liable to the State of Mississippi for a civil penalty of not more than One Thousand Dollars ($1,000.00) for each such violation. Each violation of a provision of this chapter or a rule or regulation made hereunder shall constitute a separate violation with respect to each factory-built home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed one million dollars ($1,000,000.00) for any related series of violations occurring within one (1) year from the date of the first violation.
(2)
An individual, or a director, officer or agent of a corporation, who knowingly and willfully violates any of the provisions of this chapter or any rules and regulations made hereunder in a manner which threatens the health and safety of any purchaser of a factory-built home is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than one (1) year, or both.
(3)
This chapter shall not apply to any person who establishes that he did not have reason to know in the exercise of due care that such factory-built home is not in conformity with applicable factory-built construction and safety standards, or to any person who, before to such first purchase, holds a certificate issued by the manufacturer or importer of such factory-built home to the effect that such factory-built home conforms to all applicable factory-built home construction and safety standards, unless such person knows that such factory-built home does not so conform.
(4)
An individual, or a director, officer or agent of a corporation, who knowingly and willfully fails to obtain the applicable license under this chapter and who is required to obtain such license under this chapter, and who may knowingly and willfully violate any provisions of this chapter or any rules and regulations made hereafter with respect to the manufacture of, selling or distribution of, safe anchoring and blocking of a factory-built home when intended to be used for human habitation is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not more than one (1) year, or both.
Codes, 1942, § 5131-110; Laws, 1970, ch. 494, § 10; Laws, 1979, ch. 353, § 3; Laws, 1992, ch. 494, § 8, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 49 - FACTORY-BUILT HOMES (§§ 75-49-1 — 75-49-21) › Section 75-49-21 - Permit fees for manufactured or mobile homes

The board of supervisors of any county may charge a permit fee not to exceed Fifty Dollars ($50.00) to the owner of any manufactured or mobile home, as defined in this chapter, if the county performs installation inspections; however, the board of supervisors of any county having a population of more than seventy-five thousand (75,000), according, to the most recent federal decennial census, may charge a permit fee not to exceed One Hundred Dollars ($100.00). The county may require the permit fee to be paid before a manufactured or mobile home is set up within the boundaries of the county and the fee shall cover all the costs of the inspection of the manufactured or mobile home relating to installation, blocking, anchoring and tie-down and safety standards of manufactured or mobile homes.
Laws, 1994, ch. 611, § 1, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 51 - WATER HEATERS (§§ 75-51-1 — 75-51-11) › Section 75-51-1 - Pressure-temperature relief valves to be provided and installed; prohibited sales and installations

All water heaters installed in any dwelling or in any other building within the state shall be provided with an approved self-closing (levered) water pressure relief valve and temperature relief valve or combination thereof.
No individual, firm, corporation or business shall install any new automatic hot water tank or heater of one hundred twenty (120) gallon capacity or less without installing thereon a pressure-temperature relief valve so labeled by the manufacturer's identification stamp or cast upon the valve or upon a plate secured to it.
No individual, firm, corporation or business shall install, re-install or re-locate any existing automatic hot water tank or heater of one hundred twenty (120) gallon capacity or less without installing on such tank or heater an approved type water pressure relief valve and temperature relief valve or combination thereof.
No individual, firm, corporation or business shall install, sell or offer for sale any relief valve, whether it be pressure type, temperature type or pressure-temperature type, which does not carry the stamp of approval of the American Society of Mechanical Engineers or the American Gas Association.
Codes, 1942, § 5131-61; Laws, 1968, ch. 529, § 1, eff. 10/6/1968.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 51 - WATER HEATERS (§§ 75-51-1 — 75-51-11) › Section 75-51-3 - Specifications for and installation of relief valves

Temperature and pressure relief valves, or combinations thereof shall have thermosetting of not more than two hundred ten (210) degrees fahrenheit and pressure setting not to exceed the tank or heater manufacturer's rated working pressure. The relieving capacity of these two (2) devices shall each equal or exceed the heat input to the water heater or storage tank.
Temperature type or pressure-temperature type valves shall be installed in the shell of the water heater tank or may be installed in the hot water outlet, provided the thermo-bulb extends into the shell of the tank, and in all cases installed at the highest practical point. For installations with separate storage tank, said valves shall all be installed on the tank and there shall not be any type of valve installed between the water heater and the storage tank. Temperature relief valves shall be so located in the tank as to be actuated by the water in the top one-eighth (1/8) of the tank served.
Pressure relief valves may be located adjacent to the equipment they serve. There shall be no check valve or shut-off valve between a relief valve and the heater or tank for which it is installed.
The outlet of a pressure, temperature, or other relief valve shall not be connected to the drainage system as a direct waste.
Codes, 1942, § 5131-62; Laws, 1968, ch. 529, § 2, eff. 10/6/1968.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 51 - WATER HEATERS (§§ 75-51-1 — 75-51-11) › Section 75-51-5 - Installation or sale of certain untested devices prohibited

No individual, firm, corporation or business shall install, reinstall, relocate, sell or offer for sale any hot water supply storage tanks or heaters of one hundred twenty (120) gallon capacity or less which utilize dip tubes, supply and hot water nipples, supply water baffles or heat traps that have not been tested to withstand a temperature of two hundred twenty-five (225) degrees Fahrenheit without deteriorating in any manner, and such tank or heater shall be so labeled by the manufacturer.
No individual, firm, corporation or business shall install, sell, or offer for sale any water baffles or heat traps, which are not constructed and tested to withstand a temperature of two hundred twenty-five (225) degrees Fahrenheit without deterioration in any manner, and such baffles or heat traps shall be so labeled by the manufacturer.
Codes, 1942, § 5131-63; Laws, 1968, ch. 529, § 3, eff. 10/6/1968; Laws, 1999, ch. 317, § 1, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 51 - WATER HEATERS (§§ 75-51-1 — 75-51-11) › Section 75-51-7 - Markings on, and standards for, hot water storage hot water storage tanks

Any storage tank hereafter installed for domestic hot water shall have clearly and indelibly stamped in the metal, or so marked upon a plate welded thereto, or otherwise permanently attached, the maximum allowable working pressure. Such markings shall be in an accessible position outside of the tank so as to make inspection or reinspection readily possible. All storage tanks for domestic hot water shall meet the applicable American Society of Mechanical Engineers or American Gas Association standards.
Codes, 1942, § 5131-64; Laws, 1968, ch. 529, § 4, eff. 10/6/1968.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 51 - WATER HEATERS (§§ 75-51-1 — 75-51-11) › Section 75-51-9 - Chapter inapplicable to prior installations

The provisions of this chapter shall not apply to water heaters installed prior to October 6, 1968, except with respect to re-installation thereof as provided in Section
75-51-1
hereof.
Codes, 1942, § 5131-65; Laws, 1968, ch. 529, § 5, eff. 10/6/1968.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 51 - WATER HEATERS (§§ 75-51-1 — 75-51-11) › Section 75-51-11 - Penalties for violations

Any person violating the provisions of this chapter, upon conviction, shall be fined not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00), and each such sale, installation, or re-installation shall be a separate violation hereof if not effected in accordance with this chapter.
Codes, 1942, § 5131-66; Laws, 1968, ch. 529, § 6, eff. 10/6/1968.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 53 - PAINTS, VARNISHES AND SIMILAR MATERIALS (§§ 75-53-1 — 75-53-17) › Section 75-53-1 - Labeling requirements; penalty for violations

It shall be unlawful for any person, firm or corporation within this state to manufacture for sale, sell, or exchange, or to offer or to keep for sale or exchange any paint, putty, linseed oil or other paint oils, turpentine or varnish that is not labeled in accordance with the provisions of this chapter, or which is adulterated or misbranded or insufficiently labeled or branded. Any person, firm, or corporation violating any provision hereof shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars ($25.00), and not more than one hundred dollars ($100.00) for the first offense, and not less than fifty dollars ($50.00) and not more than two hundred dollars ($200.00) for each subsequent offense.
Codes, Hemingway's 1921 Supp. § 6166a; 1930, § 5667; 1942, § 5123; Laws, 1920, ch. 324.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 53 - PAINTS, VARNISHES AND SIMILAR MATERIALS (§§ 75-53-1 — 75-53-17) › Section 75-53-3 - Term "paint" defined

The term paint as used herein shall include all substances, whether dry or ground in oil, used or intended for use as paint or as components of paint. It shall include paste and semipaste paints, house, carriage, wagon, barn, floor, roof, and implement paints and enamels, and all kinds of liquid and ready mixed paints. It shall not include artists' colors, liquid bronzes, colors intended to be mixed with water for decorative purposes, wood fillers, stove polishes or stove enamels, and shingle and roof stains.
Codes, Hemingway's 1921 Supp. § 6166b; 1930, § 5668; 1942, § 5124; Laws, 1920, ch. 324.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 53 - PAINTS, VARNISHES AND SIMILAR MATERIALS (§§ 75-53-1 — 75-53-17) › Section 75-53-5 - Receptacles to bear labels

Every container or receptacle of paint, putty, linseed oil, or other paint oils, turpentine, and varnish sold, exchanged, or offered or kept for sale or exchange, shall bear a label printed in legible type in English stating:
(a)
The kind of paint or material in the container, and the name and residence of the manufacturer by whom made and the name and residence of the distributor, person or firm for whom made.
(b)
The volume, if sold by volume; and the net weight if sold by weight.
(c)
In case of putty and also of paints as defined in Section
75-53-3
, the name and the percentage of each component or constituent, both solid and liquid, and also on a separate place or places on the label the percentage composition of the color or coloring material, or materials, used.
(d)
In the case of varnish and colors in varnish, the percentage of rosin, benzine, naphtha, gasoline, mineral oil, or hydrocarbon oil.
(e)
In the case of mixed oils, the percentage by volume of each and every oil in the mixture.
Codes, Hemingway's 1921 Supp. § 6166c; 1930, § 5669; 1942, § 5125; Laws, 1920, ch. 324.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 53 - PAINTS, VARNISHES AND SIMILAR MATERIALS (§§ 75-53-1 — 75-53-17) › Section 75-53-7 - Misbranding; what deemed to be

For the purposes of this chapter, paint, putty, linseed oil, or other paint oils, turpentine, and varnish shall be deemed to be misbranded if the container is labeled or marked in any manner that tends to deceive the purchaser as to the nature, composition, volume, or weight of the contents thereof. The same shall be insufficiently branded if the label fails to give fully the information required herein. The same shall be deemed to be adulterated if, for any component or constituent stated on the label, some other component or constituent is substituted in whole or in part.
Codes, Hemingway's 1921 Supp. § 6166d; 1930, § 5670; 1942, § 5126; Laws, 1920, ch. 324.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 53 - PAINTS, VARNISHES AND SIMILAR MATERIALS (§§ 75-53-1 — 75-53-17) › Section 75-53-9 - State chemist to enforce this chapter

The state chemist is hereby charged with the enforcement of the provisions of this chapter. He shall also prepare such rules and regulations as are necessary to carry its intent and purpose into effect. The collection, examination, and analysis of specimens of paint, putty, linseed oil and other paint oils, turpentine, and varnish shall be carried out under his direction by duly authorized inspectors and analysis.
Codes, Hemingway's 1921 Supp. § 6166e; 1930, § 5671; 1942, § 5127; Laws, 1920, ch. 324.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 53 - PAINTS, VARNISHES AND SIMILAR MATERIALS (§§ 75-53-1 — 75-53-17) › Section 75-53-11 - Authority and duties of state chemist and inspectors

Specimens for examination and analysis shall be taken by the state chemist or by duly authorized inspectors. In the execution of their duties, inspectors shall have access during reasonable business hours to places where paint, putty, linseed oil, or other paint oils, turpentine, or varnish is sold, and they shall tender the owner the market price for all specimens taken by them.
Codes, Hemingway's 1921 Supp. § 6166f; 1930, § 5672; 1942, § 5128; Laws, 1920, ch. 324.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 53 - PAINTS, VARNISHES AND SIMILAR MATERIALS (§§ 75-53-1 — 75-53-17) › Section 75-53-13 - Penalty for hindering inspectors

Any person who shall hinder or obstruct an inspector in the performance of his duty shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty-five dollars ($25.00) and not more than fifty dollars ($50.00).
Codes, Hemingway's 1921 Supp. § 6166g; 1930, § 5673; 1942, § 5129; Laws, 1920, ch. 324.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 53 - PAINTS, VARNISHES AND SIMILAR MATERIALS (§§ 75-53-1 — 75-53-17) › Section 75-53-15 - Article found to be adulterated; procedure

When it shall appear from an examination or analysis that a specimen or sample of paint, putty, linseed oil or other paint oils, turpentine, or varnish is misbranded, or insufficiently branded or labeled or adulterated, the state chemist shall give notice thereof to the person or firm from whom such specimen was obtained, and such person or firm shall have an opportunity to be heard. If it should then appear that any of the provisions hereof have been violated, the state chemist shall certify the facts to the proper district attorney, together with a copy of the results of the examination or analysis duly authenticated by the chemist or officer making the examination or analysis, and the certificate of analysis or examination of such chemist or officer, when duly sworn to, shall be prima facie evidence of the facts therein certified.
Codes, Hemingway's 1921 Supp. § 6166h; 1930, § 5674; 1942, § 5130; Laws, 1920, ch. 324.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 53 - PAINTS, VARNISHES AND SIMILAR MATERIALS (§§ 75-53-1 — 75-53-17) › Section 75-53-17 - Duty of district attorney

It shall be the duty of such district attorney to whom the state chemist shall report any violation of this chapter to cause proceedings to be commenced and prosecuted in the proper court without delay for the enforcement of the penalties herein provided in such cases.
Codes, Hemingway's 1921 Supp. § 6166i; 1930, § 5675; 1942, § 5131; Laws, 1920, ch. 324.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-1 - Title

This chapter shall be known as the "Petroleum Products Inspection Law of Mississippi."
Codes, 1942, § 5081; Laws, 1938, ch. 145; Laws, 1946, ch. 263, § 1.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-3 - Administration and enforcement of chapter

(1)
The Commissioner of Agriculture and Commerce, hereinafter referred to as the "commissioner," is vested with power and authority and is charged with the duty of administering and enforcing the provisions of this chapter which pertain to signs; the labeling of pumps, tanks and other packages and containers; to trade names; and to scales, pumps and measuring equipment, and he shall have the authority to establish rules and regulations not inconsistent herewith in connection with its enforcement.
(2)
The State Chemist is vested with power and authority and is charged with the duty of administering the provisions of this chapter which authorize the analysis of samples and the operation of the petroleum products laboratory, and he shall have the authority to establish rules and regulations in connection with its enforcement.
(3)
The commissioner and the State Chemist shall have joint authority for setting specifications of petroleum products and shall have the authority to establish rules and regulations in connection with the enforcement of this chapter.
Codes, 1942, § 5082; Laws, 1938, ch. 145; Laws, 1946, ch. 263, § 2 1980, ch. 561, § 25; Laws, 1981, ch. 468, § 72; Laws, 1986, ch. 395, § 6; Laws, 1988, ch. 482, § 1; Laws, 1990, ch. 450, § 1; Laws, 1994, ch. 403 § 1, eff. 3/15/1994.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-7 - Exemptions from classification, specification, and coloring

(1)
Provided, however, that gasoline, as defined in Section
75-55-5
, shall not be subject to specifications required under such section, when such gasoline is purchased or received in this state for uses other than for sale or distribution to the consuming public. This exemption shall apply to gasoline that will not be used on the road.
(2)
The Commissioner of Agriculture and Commerce (the "commissioner") and the State Chemist shall have authority, but are not compelled, to establish specifications for aviation and other special gasolines when received in this state for any purpose other than for use in propelling motor vehicles on the highways, or for sale or distribution to the consuming public.
(3)
It is provided that the specifications adopted for gasoline shall not apply to "gas machine gasoline" prepared or received in this state for use in industrial equipment, when such gasoline is not used or not capable of use in propelling motor vehicles on the highways.
(4)
The commissioner and the State Chemist shall have authority but they are not compelled to establish specifications for fuel oils and oil for other engines.
Codes, 1942, § 5084; Laws, 1938, ch. 145; Laws, 1946, ch. 263, § 4; Laws, 1966, ch. 624, § 2; Laws, 1969, Ex Sess, ch. 24, § 2; Laws, 1986, ch. 395, § 8; Laws, 1988, ch. 482, § 3; Laws, 1990, ch. 450, § 4, eff. 3/20/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-11 - Standard required

No person shall sell as gasoline any product which fails to meet the standard as defined in this chapter, nor sell any gasoline at retail without exhibiting the proper signs as required in this chapter, and provided further, that all gasoline offered for sale shall always be as high octane number as advertised to be.
Codes, 1942, § 5087; Laws, 1938, ch. 145; Laws, 1946, ch. 263, § 7.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-17 - I.C.C. regulations

No person or carrier, selling or transporting for hire, any gasoline, benzine, naphtha or other highly inflammable substances made from petroleum, shall fail to plainly mark the packages containing the same in accordance with the regulations of the Interstate Commerce Commission.
Codes, 1942, § 5090; Laws, 1938, ch. 145; Laws, 1946, ch. 263, § 10.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-19 - Scales, measuring and dispensing equipment

No person shall use any scales, measure or measuring device in the handling or sale of petroleum products, unless the same is true and accurate; and the standards of weights and measures shall be those most recently adopted by the Division of Institute of Standards and Technology of the United States Department of Commerce, except that in no event shall gasoline, alcohol blended fuel, diesel fuel, or kerosene be dispensed for sale through visible or bowl pumps with outside indicators, and in no event shall any such bowl be drained by any device except through the regular dispensing hose.
Codes, 1942, § 5091; Laws, 1938, ch. 145; Laws, 1946, ch. 263, § 11; Laws, 1966, ch. 624, § 5; Laws, 1980, ch. 417, § 5; Laws, 1990, ch. 450, § 8, eff. 3/20/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-20 - Calibrating equipment to be transferred to Department of Agriculture and Commerce

Any calibrating equipment in the possession of the State Tax Commission heretofore used by the tax commission to carry out its responsibilities under this chapter shall be transferred by the tax commission to the Department of Agriculture and Commerce on July 1, 1988.
Laws, 1988, ch. 482, § 7, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-21 - Imitation of tradename

(1)
It shall be unlawful to entice into a service station, store, expose for sale, or sell petroleum products so as to deceive or tend to deceive the purchaser as to the nature, quality or identity of the same by false representation or by substitution, mixing, blending, or adulteration, or by the use of disguised signs, camouflaged or falsely labeled containers, tanks, pumps, or other dispensing equipment, or by imitating the design, symbol, or trade name under which recognized brands of such products are generally marketed.
It is provided, however, that nothing in this chapter shall prevent a person, firm, association, or corporation, or their agents or servants from storing, exposing for sale, or selling any such petroleum products under the trade name, sign, symbol, or distinguishing mark adopted and used by such person, firm, association, or corporation in good faith, if such trade name, sign, symbol, or distinguishing mark is not deceitfully similar to that already in general use by any manufacturer or seller of such products.
(2)
Persons claiming to offer for sale gasoline or other petroleum products of a higher standard than any legal or customary standard shall label the container or dispensing equipment completely with reference to the special standard claimed and such label shall constitute a full guaranty that the product sold will meet the standards claimed in every particular.
(3)
Any person guilty of violating any of the provisions of this section shall be subject to a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for such offense, or imprisonment not to exceed twelve (12) months, or both, and such person shall be enjoined from selling or distributing gasoline, alcohol blended fuel, diesel fuel, kerosene, or oil, in any manner in this state for a period of not less than one (1) year nor more than five (5) years, and any judge or chancellor now authorized to grant injunctions shall grant an injunction enjoining such person from continuing in the gasoline, alcohol blended fuel, diesel fuel, kerosene, or oil business, as prescribed by this section.
Codes, 1942, § 5092; Laws, 1938, ch. 145; Laws, 1946, ch. 263, § 12; Laws, 1966, ch. 624, § 6; Laws, 1969, Ex Sess, ch. 24, § 6; Laws, 1980, ch. 417, § 6; Laws, 2009, ch. 487, § 1, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-22 - Permit authorizing engaging in business as producer of alcohol blended fuel

Any person located in Mississippi, except the holder of a refiner or a processor's permit, who blends or mixes alcohol blended fuel for sale, delivery, exchange or use in Mississippi shall obtain from the commissioner a permit authorizing him to engage in business as a producer of alcohol blended fuel. Each producer of alcohol blended fuel shall have the necessary equipment to insure a complete and homogeneous mixture. The finished product shall meet all of the state's standards and specifications and shall not be transferred, sold, exchanged, delivered, used or disposed of by any other means until approved by the commissioner and the State Chemist.
All alcohol blended fuel transported or imported into the State of Mississippi shall comply with all specifications and standards adopted by this state for such use.
All gasoline, leaded or unleaded, kept, offered, or exposed for sale, or sold, at retail containing one percent (1%) or more by volume of ethanol, methanol or an ethanol/methanol mixture, shall be identified as "with" or "containing" (or similar wording) "ethanol," "methanol" or "ethanol/methanol" on the upper fifty percent (50%) of the dispenser front panels in a position clear and conspicuous from the driver's position, in a type at least one-half (1/2) inch in height, and one-sixteenth (1/1
6
) inch stroke (width of type). All letters shall be black with a contrasting background.
All distributors, processors, refiners, and any other persons receiving, storing, selling, distributing or transporting gasoline that contains one percent (1%) by volume or more of methanol, ethanol or other alcohol shall identify the type or chemical name and percentage of such alcohol on any invoice, bill of lading, shipping paper or on any other type of documentation which is used in normal and customary practice in the petroleum industry.
Laws, 1990, ch. 450, § 9; Laws, 1994, ch. 403 § 3, eff. 3/15/1994.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-25 - [Repealed]

Repealed by Laws, 1986, ch. 395, § 29, eff. 7/1/1986.
Codes, 1942, § 5094; Laws, 1938, ch. 145; 1946, ch. 263, § 14.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-27 - General requirements

(1)
No retail station pump shall dispense more than one (1) product and station pipelines for gasoline, alcohol blended fuel, diesel fuel, kerosene, fuel oils, or other products shall be entirely separate.
(2)
No requirements or provisions of this chapter shall prevent or abridge the use of gasoline, alcohol blended fuel, diesel fuel, kerosene, liquefied compressed gases or other petroleum products for heating or illuminating purposes through the use of special devices approved by the commissioner when not used on a highway.
(3)
The provisions of this chapter are not to apply to products unloaded in this state and intended for shipment into another state; provided no portion be offered for sale, and provided further, that all petroleum products so unloaded be reported to the commissioner.
(4)
It shall be unlawful for any person to obstruct or hinder in any way the commissioner or his agents in the performance of his duties.
Where self-service pumps and attendant-operated pumps are both operated at the same retail service station, there shall be attached or painted on each such self-service pump or equipment the words "SELF-SERVICE" in letters of not less than one (1) inch in height and not less than seven (7) inches across, on a contrasting background.
Codes, 1942, § 5095; Laws, 1938, ch. 145; Laws, 1946, ch. 263, § 15; Laws, 1950, ch. 477, § 3; Laws, 1952, ch. 349; Laws, 1956, ch. 376; Laws, 1966, ch. 624, § 8; Laws, 1969, Ex Sess, ch. 24, § 8; Laws, 1970, ch. 274, § 2; Laws, 1980, ch. 417, § 8; Laws, 1982, ch. 438, § 17; Laws, 1990, ch. 450, § 11, eff. 3/20/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-29 - Analysis of samples by State Chemist; fees; use of analyses as evidence

The State Chemist at the Mississippi State University or his assistants provided for herein shall analyze all samples of internal combustion engine fuels, lubricating oils and other like products provided by any person desiring an analysis of said product or provided by the Mississippi Department of Agriculture and Commerce after an inspection. Any person desiring an analysis of a sample of internal combustion engine fuel, lubricating oil or similar products shall pay to the State Chemist the actual cost of such analysis. All funds collected by the State Chemist under the provisions of this chapter shall be paid into a special account to the credit of the Industrial and Agricultural Services Division of the Mississippi State Chemical Laboratory. The cost of analysis of those samples taken by the Mississippi Department of Agriculture and Commerce shall be paid for out of the General Fund, upon appropriation by the Legislature. The certification of such analysis properly certified by affidavit of said chemist or his assistants shall be competent evidence in any court of this state.
Codes, 1942, § 5096; Laws, 1938, ch. 145; Laws, 1946, ch. 263, § 16; Laws, 1969, Ex Sess, ch. 24, § 9; Laws, 1986, ch. 395, § 11; Laws, 1988, ch. 482, § 6; Laws, 1990, ch. 450, § 12, eff. 3/20/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-31 - Appeals

Any person aggrieved by the reasonableness of the limits of tolerance set up by the State Chemist with respect to specifications, or with respect to the method used in, or the accuracy of, any test made by the State Chemist, of any petroleum product, or any substitute therefor, may, within sixty (60) days after such test was made, appeal to the circuit court of any county of this state. The appeal shall be taken by filing with the clerk of the circuit court a declaration stating the test or ruling with respect to which the plaintiff feels aggrieved. In all such cases, it shall be the duty of the Attorney General to defend such appeals.
Codes, 1942, § 5097; Laws, 1938, ch. 145; Laws, 1946, ch. 263, § 17; Laws, 1981, ch. 468, § 73; Laws, 1986, ch. 395, § 12, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-33 - Employment of assistant chemists, octane machine operators, and others; purchase of equipment and supplies

The State Chemist is authorized to employ assistant chemists, octane machine operators, and other employees to assist him in the proper performance of duties assigned him under the provisions of this chapter, or under the provisions of any other law or laws assigned to him for administration. The State Chemist is hereby authorized and directed to purchase such chemical apparatus, machines, and other equipment as may be necessary for performing the tests of all products included in this chapter, and to provide suitable housing for the same at the State Chemical Laboratory, and to purchase from time to time such chemicals and general supplies and equipment as may be necessary for the maintenance of the laboratory in which such tests are carried out.
Codes, 1942, § 5098; Laws, 1938, ch. 145; Laws, 1946, ch. 263, § 18; Laws, 1948, ch. 316, § 2; Laws, 1954, ch. 327; Laws, 1966, ch. 624, § 9; Laws, 1969, Ex Sess, ch. 24, § 10; Laws, 1980, ch. 417, § 9; Laws, 1986, ch. 395, § 13; Laws, 1990, ch. 450, § 13, eff. 3/20/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-35 - [Repealed]

Repealed by Laws, 1986, ch. 395, § 30, eff. 7/1/1986.
Codes, 1942, § 5099; Laws, 1938, ch. 145; 1946, ch. 263, § 19; 1970, ch. 260, § 1.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-38 - License for petroleum equipment repairmen; fees; penalties for violation of licensing provisions

(1)
Any person who repairs, adjusts or removes an official seal from a petroleum pump or metering device shall, before engaging in such activity, obtain a license from the commissioner upon showing that he is qualified to repair, adjust and test petroleum pumps and/or metering devices. Application for a petroleum equipment repairman's license shall be made annually on forms prescribed and furnished by the commissioner. A fee of Fifty Dollars ($50.00) shall be paid by the applicant at the time application for such license is made. All licenses issued hereunder shall expire on the thirtieth day of June next after its issuance. Any person so licensed shall, within three (3) days after he repairs or adjusts a petroleum pump, metering or measuring device or removes an official seal therefrom, make a report thereof to the commissioner on a form provided for such purpose by the Department of Agriculture and Commerce.
(2)
Upon receipt of a license, the petroleum equipment repairman shall acquire a seal press, one (1) die of which shall be inscribed with his license number. All official pump or meter seals removed by the licensed petroleum equipment repairman shall be replaced and such replaced seals shall clearly show the license number of the petroleum equipment repairman replacing the seal(s).
(3)
The commissioner shall have authority to prescribe and adopt regulations establishing additional requirements and/or qualifications for petroleum equipment repairmen.
(4)
Any person, company or corporation who violates or causes to be violated any provision of this section or any rule or regulation adopted hereunder shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not less than Three Hundred Dollars ($300.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for not more than six (6) months, or by both fine and imprisonment; upon a second or subsequent conviction thereof, violators shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than one (1) year, or by both fine and imprisonment. In addition to fines and/or imprisonment as provided herein, the commissioner may, in his discretion, suspend or revoke the license of such petroleum equipment repairman. Provided, however, that the commissioner shall afford a licensee an opportunity for a hearing, prior to suspension or revocation of a license, to show cause why his license should not be suspended or revoked.
Laws, 1989, ch. 379, § 1; Laws, 1990, ch. 450, § 15, eff. 3/20/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-39 - [Repealed]

Repealed by Laws 1981, ch. 468, § 74, eff. 7/1/1981.
Codes, 1942, § 5101; Laws, 1938, ch. 145; 1946, ch. 263, § 21.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-40 - Severability provisions

If any section, subsection, paragraph, sentence, clause or provision of Chapter 450, Laws of 1990, shall become invalid by order of any court of competent jurisdiction, the same shall not affect the validity of any other section, subsection, paragraph, sentence, clause or provision thereof.
Laws, 1990, ch. 450, § 16, eff. 3/20/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-41 - Application of testing methods

The testing methods of Chapter 450, Laws of 1990, are meant for referee purposes only and manufacturers shall not be limited by the testing methods provided herein.
Laws, 1990, ch. 450, § 17, eff. 3/20/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 55 - GASOLINE AND PETROLEUM PRODUCTS (§§ 75-55-1 — 75-55-43) › Section 75-55-43 - Refiners, suppliers, wholesalers or retailers not liable for damages caused by use of incompatible motor fuel dispensed at retail sites under certain circumstances

(1)
A refiner, supplier, wholesaler or retailer is not liable for damages caused by the use of incompatible motor fuel dispensed at a retail site if all of the following apply:
(a)
The incompatible fuel meets the standards promulgated by the Commissioner of Agriculture and Commerce;
(b)
The incompatible fuel is selected by a person other than the retailer, and the retailer includes an employee or agent of the retailer; and
(c)
The incompatible fuel is dispensed from a motor fuel dispenser that correctly labels the type of fuel dispensed.
For the purposes of this section, a motor fuel is incompatible with a motor according to the manufacturer of the motor.
(2)
For purposes of this section, the following terms shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:
(a)
"Motor fuel" means gasoline, diesel fuel, substitute fuel, renewable fuel and blended fuel.
(b)
"Refiner" means a person who owns, operates or otherwise controls a refinery within the United States.
(c)
"Refinery" means a facility used to produce motor fuel from crude oil, unfinished oils, natural gas liquids, or other hydrocarbons and from which motor fuel may be removed by pipeline, by vessel, or at a rack.
(d)
"Retailer" means a person who engages in the business of selling or distributing to the end user within this state.
(e)
"Supplier" means a person who meets all the following conditions:
(i)
Is subject to the general taxing jurisdiction of this state;
(ii)
Is registered under Section 4101 of the Internal Revenue Code for transactions in taxable motor fuels in the bulk transfer/terminal distribution system; and
(iii)
Is one (1) of the following:
1.
Is the "position holder" in a terminal or refinery in this state;
2.
Imports motor fuel into this state from a foreign country;
3.
Acquires motor fuel from a terminal or refinery in this state from a position holder pursuant to a "two-party exchange";
4.
Is the position holder in a terminal or refinery outside this state with respect to motor fuel which that person imports into this state on his account.
A terminal operator is not considered a supplier merely because the terminal operator handles motor fuel consigned to it within a terminal.
(f)
"Terminal operator" is a person who owns, operates or otherwise controls a terminal and does not use a substantial portion of the motor fuel that is transferred through or stored in the terminal for its own use. "For its own use" means for its own consumption or in the manufacture of products other than motor fuel.
(g)
"Wholesaler" means a person who acquires motor fuel from a supplier or from another wholesaler for subsequent sale and distribution at wholesale by tank cars, motor vehicles or both.
Added by Laws, 2021, ch. 387, SB 2373,§ 1, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 56 - ANTIFREEZE AND SUMMER COOLANTS (§§ 75-56-1 — 75-56-27) › Section 75-56-1 - Short title

This chapter shall be known as the "Mississippi Antifreeze Law of 1978."
Laws, 1978, ch. 359, § 1, eff. 7/1/1978.