reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 19 - SEALS (§§ 75-19-1 — 75-19-7) › Section 75-19-5 - Scroll or seal, or the want of it, does not affect or vary rights

The use of, or a failure to use, a seal or scroll, or other semblance or representation of a seal, by a private person in making an instrument, shall not in any manner affect it, nor in any way vary the rights of the parties to it.
Codes, 1880, § 995; 1892, § 4081; 1906, § 4633; Hemingway's 1917, § 7421; 1930, § 3304; 1942, § 262.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 19 - SEALS (§§ 75-19-1 — 75-19-7) › Section 75-19-7 - Bonds of public officers and bonds in legal proceedings good without seal

The bonds of all public officers, and all bonds in any legal proceeding, shall be valid and obligatory on all the signers, without a seal or representation of a seal, in the same manner as if duly sealed.
Codes, 1880, § 996; 1892, § 4082; 1906, § 4634; Hemingway's 1917, § 7422; 1930, § 3305; 1942, § 263.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-1 - Trust and combine; defined

A trust or combine is a combination, contract, understanding or agreement, expressed or implied, between two or more persons, corporations or firms or association of persons or between any one or more of either with one or more of the others, when inimical to public welfare and the effect of which would be:
(a)
To restrain trade;
(b)
To limit, increase or reduce the price of a commodity;
(c)
To limit, increase or reduce the production or output of a commodity;
(d)
To hinder competition in the production, importation, manufacture, transportation, sale or purchase of a commodity;
(e)
To engross or forestall a commodity;
(f)
To issue, own or hold the certificate of stock of any trust and combine within the spirit of this chapter knowing it to be such at the time of the issue or the acquisition or holding such certificate; or
(g)
To place the control to any extent of business or of the proceeds or earnings thereof, contrary to the spirit and meaning of this chapter, in the power of trustees, by whatever name called; or
(h)
To enable or empower any other person than themselves, their proper officers, agents and employees to dictate or control the management of business, contrary to the spirit and meaning of this chapter; or
(i)
To unite or pool interest in the importation, manufacture, production, transportation, or price of a commodity, contrary to the spirit and meaning of this chapter.
Any corporation, domestic or foreign, or any partnership, or individual, or other association, or person whatsoever, who are now, or shall hereafter create, enter into, become a member of, or a party to any trust or combine as hereinabove defined shall be deemed and adjudged guilty of a conspiracy to defraud and shall be subject to the penalties hereinafter provided. Any person, association of persons, corporation, or corporations, domestic or foreign, who shall be a party or belong to a trust and combine shall be guilty of crime and upon conviction thereof shall, for a first offense be fined in any sum not less than one hundred dollars ($100.00) nor more than five thousand dollars ($5,000.00) and for a second or subsequent offense not less than two hundred dollars ($200.00) nor more than ten thousand dollars ($10,000.00), and may be enjoined by a final decree of the chancery court, in a suit by the state on the relation of the attorney general, from the further prosecution of or doing of the acts constituting the trust and combine as defined in this chapter.
Codes, 1892, § 4437; 1906, § 5002; Hemingway's 1917, §§ 3281, 3282; 1930, § 3436; 1942, § 1088; Laws, 1908, chs. 88, 119; Laws, 1926, ch. 182.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-3 - Additional contracts or combinations not allowed by law

Any corporation, domestic or foreign, or individual, partnership, or association of persons whatsoever, who, with intent to accomplish the results herein prohibited or without such intent, shall accomplish such results to a degree inimical to public welfare, and shall thus:
(a)
Restrain or attempt to restrain the freedom of trade or production;
(b)
Or shall monopolize or attempt to monopolize the production, control or sale of any commodity, or the prosecution, management or control of any kind, class or description of business;
(c)
Or shall engross forestall or attempt to engross or forestall any commodity;
(d)
Or shall destroy or attempt to destroy competition in the manufacture or sale of a commodity, by selling or offering the same for sale at a lower price at one place in the state than another or buying or offering to buy a commodity at a higher price at one place in the state than another, differences of freight and other necessary expenses of sale and delivery considered;
(e)
Or shall destroy or attempt to destroy competition by rendering any service or manipulating, handling or storing any commodity for a less price in one locality than in another, the differences in the necessary expenses of carrying on the business considered, shall be deemed and held a trust and combine within the meaning and purpose of this section, and shall be liable to the pains, penalties, fines, forfeitures, judgments, and recoveries denounced against trusts and combines and shall be proceeded against in manner and form herein provided, as in case of other trusts and combines.
It shall be sufficient to make out a prima facie case of a violation of subdivision (e) of this section to show lower charge for the service therein mentioned in one locality than another, or to show a higher price paid for a commodity in one locality than another, differences of freight and other necessary expenses of operating business considered.
Codes, 1892, § 4437; 1906, § 5002; Hemingway's 1917, § 3283; 1930, § 3437; 1942, § 1089; Laws, 1908, ch. 119; Laws, 1926, ch. 182.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-5 - Agricultural and other organizations not forbidden

Nothing contained in this chapter shall be construed to forbid the existence of agricultural, horticultural, poultry, cattle or dairy organizations, instituted for the purpose of cooperation or mutual help, having no capital stock and not conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof, nor be held or construed to be illegal combinations or conspiracies in restraint of trade under the antitrust law; nor shall this chapter prevent or penalize agreements entered into between canners or catchers of seafood products or between canners and catchers of such products for the advancement and welfare of the seafood industry in Mississippi, when such agreements so made between canners or catchers of such products, or canners and catchers of such products, shall be approved by an order entered upon the minutes of the Mississippi Seafood Commission.
Codes, 1930, § 3438; 1942, § 1090; Laws, 1926, ch. 182; Laws, 1934, ch. 379.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-7 - Penalty for violation of anti-trust laws

Any person, corporation, partnership, firm or association of persons and the officers and representatives of the corporation or association violating any of the provisions of this chapter shall forfeit not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00) for every such violation. Each month in which such person, corporation or association shall violate this chapter shall be a separate violation, the forfeiture and penalty in such case to be recovered alone by suit in the name of the state on the relation of the attorney general and by the consent of the attorney general suits may be brought by any district attorney, such suits to be brought in any court of competent jurisdiction.
Codes, 1892, § 4439; 1906, § 5004; Hemingway's 1917, § 3286; 1930, § 3439; 1942, § 1091; Laws, 1926, ch. 182.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-9 - Private persons and corporations may sue

Any person, natural or artificial, injured or damaged by a trust and combine as herein defined, or by its effects direct or indirect, may recover all damages of every kind sustained by him or it and in addition a penalty of five hundred dollars ($500.00), by suit in any court of competent jurisdiction. Said suit may be brought against one or more of the parties to the trust or combine and one or more of the officers and representatives of any corporation a party to the same, or one or more of either. Such penalty may be recovered in each instance of injury. All recoveries herein provided for may be sued for in one suit.
Codes, 1892, § 4440; 1906, § 5007; Hemingway's 1917, § 3289; 1930, § 3440; 1942, § 1092; Laws, 1926, ch. 182.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-11 - Contracts void

Every contract or agreement to enter into or pursue any trust and combine, and every contract or agreement made by another with any trust and combine, or with any member of a trust and combine for any purpose relative to the business of such trust and combine, is void, and cannot be enforced in any court.
Codes, 1892, § 4438; 1906, § 5003; Hemingway's 1917, § 3285; 1930, § 3441; 1942, § 1093.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-13 - Corporations not to purchase competing one

(1)
No corporation shall acquire directly or indirectly, the whole or any part of the capital stock of any competing corporation doing business in this state, nor directly or indirectly acquire the franchise, plant or equipment of any other competing corporation doing business in this state if such other corporation be engaged in the same kind of business and be a competitor therein, where the effect of such acquisition of stock, franchise, plant or equipment may be to substantially lessen competition or to restrain trade or competition in the state, or any community thereof, or tend to create a monopoly of any line of commerce and will be inimical to public welfare. This section shall not apply to corporations purchasing such stock in payment of an indebtedness, and not using the same by voting, or otherwise, to bring about or attempting to bring about, the substantial lessening of competition. Provided, however, that fire and marine insurance corporations may own stock in other insurance companies and may be licensed to do business in this state, or authorized to continue business in this state, but the state insurance commissioner may refuse permission to any company to be licensed in the first instance or he may subsequently revoke the license of any company if it appears after notice and hearing that to permit one (1) insurance corporation owning stock in a competing corporation to continue to do business in this state would be injurious to, or contrary to the public interest.
(2)
The provisions of this chapter shall not apply to:
(a)
Any action taken by a board of trustees of a community hospital if acting in accordance with Section
41-13-35(5)(t) through (ff)
, including, but not limited to, entering into agreements, collaboratives, mergers and other similar arrangements with other public or private health care-related organizations, or with for-profit or nonprofit corporations, or other similar organizations;
(b)
Any action taken by the academic medical center and its health care collaboratives if acting in accordance with Sections
37-115-50
through
37-115-50.3
, including, but not limited to, entering into agreements, collaboratives, mergers and other similar arrangements with other public or private health care-related organizations, or with for-profit or nonprofit corporations, or other similar organizations; or
(c)
Any action taken by a private hospital as defined in Section
41-9-305
if acting in accordance with Sections
41-9-301
through
41-9-311
.
Codes, 1906, § 5005; Hemingway's 1917, § 3287; Hemingway's 1921 Supp. § 3287a; 1930, § 3442; 1942, § 1094; Laws, 1920, ch. 313; Laws, 1926, ch. 182.
Amended by Laws, 2023, ch. 453, SB 2323,§ 7, eff. 3/30/2023.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-15 - To defraud in public contracts

If any person, association, firm or corporation shall combine with any other person, association, firm or corporation, or if either of them combine with one or more of the others to prevent, by pooling, any or either of said persons, associations, firms or corporations from separately or individually bidding for the performance of a public work for the state, or any county, municipality, or levee board thereof; or if any person, association, firm or corporation shall prevent, by persuasion or reward, any other person, association, firm or corporation, or any one or more of them, from bidding for the performance of such public work, they, and each of them, shall be guilty of a misdemeanor, and shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Thousand Dollars ($1,000.00).
Codes, 1892, § 4441; 1906, § 5008; Hemingway's 1917, § 3290; 1930 § 3443; 1942, § 1095.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-17 - Moneys not collectible

All sums of money to be paid on any contract on behalf of the state, or any county, municipality or levee board thereof, when the provision of Section
75-21-15
had been violated, shall not be collectible, nor shall the same be paid by any officer or board having the payment thereof.
Codes, 1892, § 4442; 1906, § 5009; Hemingway's 1917, § 3291; 1930, § 3444; 1942, § 1096.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-19 - Proceedings for forfeiture of charter and right to do business

Proceedings of any and every kind for forfeiture of charter, for forfeiture of right to do business in this state, for recovery of damages and all civil proceedings of any character whatever authorized by law for the execution and enforcement of the antitrust laws of this state may be brought against any corporation in any county where it has a domicile or place of business, or where any of its officers or agents may be found.
Codes, 1906, § 5010; Hemingway's 1917, § 3292; 1930, § 3445; 1942, § 1097; Laws, 1902, ch. 62.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-21 - Proceedings may be brought in county where trust and combine formed

Like proceedings against any two or more of any number of corporations or individuals, or of corporations and individuals believed to be parties to any trust and combine, may be brought in the county where the trust and combine was formed, or where it exists or is carried on, promoted, operated, practiced, employed, used or enjoyed; or in any county in which either of the defendants may have a domicile, or where an officer or agent of any defendant corporation may be found. And all such proceedings may be prosecuted to final judgment or decree against any one or more of the defendants thereto, notwithstanding there may be a dismissal, acquittal, verdict, judgment or decree in favor of the local or any other defendant.
Codes, 1906, § 5011; Hemingway's 1917, § 3293; 1930, § 3446; 1942, § 1098.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-23 - Proceedings may be brought in county where violation of law occurred

Criminal prosecutions, under the antitrust laws of this state, may be instituted and conducted to final judgment against any one or more of any number of corporations or individuals, or both in any county in which a violation of said laws has been committed by them or in any county in which they formed a trust and combine, or in which such trust and combine, though formed elsewhere, is by them, or any of them, carried on, promoted, employed, operated, used or enjoyed.
Codes, 1906, § 5012; Hemingway's 1917, § 3294; 1930, § 3447; 1942, § 1099.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-25 - Witness not to be excused from testifying

No person called as a witness in any prosecution or proceeding to enforce the antitrust laws of this state, though himself a defendant therein, or an officer, attorney, agent or employee of a defendant or stockholder in a defendant corporation, shall be excused from testifying upon the ground that his evidence might criminate or tend to criminate himself; but every person, otherwise competent, when called as a witness in such cases, shall be required to testify and to disclose all facts known to him which are pertinent to the issue.
Codes, 1906, § 5013; Hemingway's 1917, § 3295; 1930, § 3448; 1942, § 1100.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-27 - Witness not liable to indictment or prosecution

But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. A person so testifying shall not thereafter be liable to indictment or presentment by information, nor to prosecution or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of testimony accordingly in bar of such indictment, information or prosecution.
Codes, 1906, § 5014; Hemingway's 1917, § 3296; 1930, § 3449; 1942, § 1101.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-29 - Books, records to be produced in court

Any corporation may be required under a subpoena duces tecum served upon its president, secretary or any of its directors, to produce in court and submit to inspection upon the trial of any proceeding, civil or criminal, under the antitrust laws of this state, any books, minutes, records, papers, documents, vouchers or writings belonging to or in the possession of such corporation.
Codes, 1906, § 5017; Hemingway's 1917, § 3299; 1930, § 3450; 1942, § 1102.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-31 - Penalty for failure to comply

Any corporation failing or refusing to comply with the order of such subpoena duces tecum, when duly served as herein provided, shall be in contempt of court, and shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00).
Codes, 1906, § 5019; Hemingway's 1917, § 3300; 1930, § 3451; 1942, § 1103.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-33 - Right to examine books, records and accounts of corporations

The state or any person, natural or artificial, in the manner and in such instances as now provided by law shall always have the right to investigate the books, records and accounts of all corporations created by it and of all corporations doing business in this state, but this right shall not be exercised further than to examine books, records and accounts made and kept within three (3) years next preceding the beginning of the examination thereof, unless an examination of books, records and accounts made before that time be necessary to an understanding of the books, records and accounts made within said three (3) years.
Codes, 1930, § 3452; 1942, § 1104; Laws, 1926, ch. 182.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-35 - Corporations answerable for unlawful act

Every corporation shall be answerable for any unlawful act, contract, agreement, arrangement, understanding or combination done, made or entered into for and on its behalf by any officer, stockholder, agent or attorney permitted or suffered to manage, direct, regulate or control its business in that particular, and such unlawful act, contract, agreement, arrangement, understanding or combination shall be deemed and held to have been done, made or entered into by the corporation itself as fully as if done, made or entered into by its board of directors by regular vote duly entered upon the minutes.
Codes, 1906, § 5015; Hemingway's 1917, § 3297; 1930, § 3453; 1942, § 1105.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-37 - Duties of district attorneys

It shall be the duty of the district attorneys in their several districts, when requested by the attorney general, to enforce the civil features of the antitrust laws of this state by appropriate legal proceedings and suits at law or in equity; and their duty to enforce criminal features of said laws shall be the same as their duty to enforce other criminal statutes. All such suits shall be brought by and in the name of the State of Mississippi upon the relation of the attorney general or an authorized district attorney.
Codes, 1906, § 5016; Hemingway's 1917, § 3298; 1930, § 3454; 1942, § 1106; Laws, 1926, ch. 182.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 21 - TRUSTS AND COMBINES IN RESTRAINT OR HINDRANCE OF TRADE (§§ 75-21-1 — 75-21-39) › Section 75-21-39 - Application of chapter

No right, liability, pain, penalty, forfeiture, prosecution or suit under laws existing prior to the adoption of this chapter shall be in any wise affected thereby, but the same may be asserted, prosecuted, declared, inflicted and imposed under the laws in force prior to the adoption of this chapter. This chapter shall be liberally construed in all courts to the end that trusts and combines may be suppressed, and the benefits arising from competition in business preserved to the people of this state.
Codes, 1906, § 5021; Hemingway's 1917, § 3302; 1930, § 3455; 1942, § 1107.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 1 - UNFAIR CIGARETTE SALES LAW (§§ 75-23-1 — 75-23-27) › Section 75-23-1 - Unfair Cigarette Sales Law; title

This article shall be known and may be cited as the "Unfair Cigarette Sales Law."
Codes, 1942, § 1108.5-01; Laws, 1954, ch. 380, § 1.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 1 - UNFAIR CIGARETTE SALES LAW (§§ 75-23-1 — 75-23-27) › Section 75-23-3 - Legislative intent

It is hereby declared to be the legislative intent to encourage fair and honest competition, and to safeguard the public against unfair, dishonest, deceptive, destructive, and fraudulent business practices existing in transactions involving the sale of, offer to sell, or inducement to sell, cigarettes in the wholesale and retail trades in this state. It is further declared that the advertising, offering for sale, or sale of cigarettes below cost in the wholesale or retail trades with the intent of injuring competitors or destroying or substantially lessening competition, is an unfair and deceptive trade practice. The policy of the state is to promote the general welfare through the prohibition of such sales, the purpose of the Unfair Cigarette Sales Law being to carry out that policy in the public interest.
Codes, 1942, § 1108.5-02; Laws, 1954, ch. 380, § 2.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 1 - UNFAIR CIGARETTE SALES LAW (§§ 75-23-1 — 75-23-27) › Section 75-23-7 - Sale at less than cost; rebate in price

(a)
It shall be unlawful for any wholesaler or retailer, with intent to injure competitors or destroy or substantially lessen competition, to advertise, offer to sell, or sell, at retail or wholesale, cigarettes at less than cost to such wholesaler or retailer, as the case may be. It shall be unlawful for any wholesaler or retailer with intent to injure competitors or destroy or substantially lessen competition to offer a rebate in price, to give a rebate in price, to offer a concession of any kind or to give a concession of any kind or nature whatsoever in connection with the sale of cigarettes. It shall be unlawful for any retail dealer to induce or attempt to induce or to procure or attempt to procure the purchase of cigarettes at a price less than "cost to wholesaler" and it shall be unlawful for any retail dealer to induce or attempt to induce or to procure or attempt to procure any rebate or concession of any kind or nature whatsoever in connection with the purchase of cigarettes. Any wholesaler or retailer who violates the provisions of this section shall by guilty of a misdemeanor and be punishable by a fine of not more than five hundred dollars ($500.00).
(b)
Evidence of advertisement, offering to sell or sale of cigarettes by any wholesaler, or retailer, at less than cost to him, or evidence of any offer of a rebate in price or the giving of a rebate in price or an offer of a concession or the giving of a concession of any kind or nature whatsoever in connection with the sale of cigarettes or the inducing or attempt to induce or the procuring or the attempt to procure the purchase of cigarettes at a price less than cost to the wholesaler or the retailer shall be prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.
Codes, 1942, § 1108.5-04; Laws, 1954, ch. 380, § 4.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 1 - UNFAIR CIGARETTE SALES LAW (§§ 75-23-1 — 75-23-27) › Section 75-23-9 - Sale at less than cost; combined with gift or concession

In all advertisements, offers for sale or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all advertisements, offers for sale, or sales, involving the giving of any gift or concession of any kind whatsoever (whether it be coupons or otherwise), the wholesaler's or retailer's combined selling price shall not be below the cost to the wholesaler or the cost to the retailer, respectively, of the total of all articles, products, commodities, gifts and concessions included in such transactions, except that if any such articles, products, commodities, gifts or concessions, shall not be cigarettes, the basic cost thereof shall be determined in like manner as provided in subdivision (j) of Section
75-23-5
.
Codes, 1942, § 1108.5-05; Laws, 1954, ch. 380, § 5.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 1 - UNFAIR CIGARETTE SALES LAW (§§ 75-23-1 — 75-23-27) › Section 75-23-11 - Sale to another wholesaler

When one (1) wholesaler sells cigarettes to any other wholesaler, the former shall not be required to include in his selling price to the latter "cost to the wholesaler," as provided by Section
75-23-5
of the Unfair Cigarette Sales Law, but the latter wholesaler, upon resale to a retailer, shall be subject to the provisions of said section.
Codes, 1942, § 1108.5-06; Laws, 1954, ch. 380, § 6.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 1 - UNFAIR CIGARETTE SALES LAW (§§ 75-23-1 — 75-23-27) › Section 75-23-13 - When provisions of law not applicable

The provisions of the Unfair Cigarette Sales Law shall not apply to a sale at wholesale or a sale at retail made (a) in an isolated transaction and not in the usual course of business; (b) where cigarettes are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in such cigarettes, and said advertising, offer to sell, or sale shall state the reason therefor and the quantity of such cigarettes advertised, offered for sale, or to be sold; (c) where cigarettes are advertised, offered for sale, or sold as imperfect or damaged, and said advertising, offer to sell, or sale shall state the reason therefor and the quantity of such cigarettes advertised, offered for sale, or to be sold; (d) where cigarettes are sold upon the final liquidation of a business; or (e) where cigarettes are advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court; (f) the resale of any of the cigarettes purchased from sales under provisions (c) and (e) above.
Codes, 1942, § 1108.5-07; Laws, 1954, ch. 380, § 7; Laws, 1958, ch. 548.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 1 - UNFAIR CIGARETTE SALES LAW (§§ 75-23-1 — 75-23-27) › Section 75-23-15 - May sell at price to meet competition

(a)
Any wholesaler may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is rendering the same type of service and is selling the same article at cost to the said competing wholesaler as defined in the Unfair Cigarette Sales Law. Any retailer may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article at cost to the said competing retailer as defined in the Unfair Cigarette Sales Law. The price of cigarettes advertised, offered for sale, or sold under the exceptions specified in Section
75-23-13
shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankrupt sale be considered the price of a competitor within the purview of this section.
(b)
In the absence of proof of the actual cost to the said competing wholesaler or the said competing retailer, as the case may be, such cost may be presumed to be the lowest cost to wholesalers or the lowest cost to retailers, as the case may be, within the same trading area as determined by a cost survey made pursuant to in subsection (b) of Section
75-23-19
.
Codes, 1942, § 1108.5-08; Laws, 1954, ch. 380, § 8.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 1 - UNFAIR CIGARETTE SALES LAW (§§ 75-23-1 — 75-23-27) › Section 75-23-17 - Contracts in violation of law, illegal

Any contract, express or implied, made by any person in violation of any of the provisions of the Unfair Cigarette Sales Law, is illegal and void and no recovery shall be had thereon.
Codes, 1942, § 1108.5-09; Laws, 1954, ch. 380, § 9.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 1 - UNFAIR CIGARETTE SALES LAW (§§ 75-23-1 — 75-23-27) › Section 75-23-19 - How cost determined

(a)
In determining cost to the wholesaler and cost to the retailer the court shall receive and consider as bearing on the bona fides of such cost, evidence tending to show that any person complained against under any of the provisions of the Unfair Cigarette Sales Law purchased the cigarettes involved in the complaint before the court, at a fictitious price, or upon terms, or in such a manner, or under such invoices, as to conceal the true cost, discounts or terms of purchase, and shall also receive and consider as bearing on the bona fides of such costs, evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature in the trade area or state.
(b)
Where a cost survey pursuant to recognized statistical and cost accounting practices has been made for the trading area in which a violation of the Unfair Cigarette Sales Law is committed or charged, to determine and establish on the basis of actual existing conditions the lowest cost to wholesalers or the lowest cost to retailers within the said area, the said cost survey shall be deemed competent evidence in any action or proceeding under this law as tending to prove actual cost to the wholesaler or actual cost to the retailer complained against, but any party against whom any such cost survey may be introduced in evidence shall have the right to offer evidence tending to prove any inaccuracy of such cost survey or any state of facts which would impair its probative value.
Codes, 1942, § 1108.5-10; Laws, 1954, ch. 380, § 10.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 1 - UNFAIR CIGARETTE SALES LAW (§§ 75-23-1 — 75-23-27) › Section 75-23-21 - Determination of cost of cigarettes purchased outside of ordinary channels of trade

In establishing the basic cost of cigarettes to a wholesaler or a retailer, it shall not be permissible to use the invoice cost or the actual cost of any cigarettes purchased at a forced, bankrupt, or closeout sale, or other sale outside of the ordinary channels of trade.
Codes, 1942, § 1108.5-11; Laws, 1954, ch. 380, § 11.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 1 - UNFAIR CIGARETTE SALES LAW (§§ 75-23-1 — 75-23-27) › Section 75-23-23 - Injunction

(a)
The state tax commission, or any person injured by any violation, or who would suffer injury from any threatened violation of the Unfair Cigarette Sales Law, may maintain an action in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened violation. If in such action a violation or threatened violation of this law shall be established the court shall enjoin and restrain, or otherwise prohibit, such violation or threatened violation, and, in addition thereto, the court shall assess in favor of the plaintiff and against the defendant the costs of suit including reasonable attorney's fees. In such action it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in said action, in addition to such injunctive relief and cost of suit, including reasonable attorney's fees shall be entitled to recover from the defendant the actual damages sustained by him.
(b)
In the event that no injunctive relief is sought or required, any person injured by a violation of Unfair Cigarette Sales Law may maintain an action for damages and costs of suit in any court of general jurisdiction.
Codes, 1942, § 1108.5-12; Laws, 1954, ch. 380, § 12.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 1 - UNFAIR CIGARETTE SALES LAW (§§ 75-23-1 — 75-23-27) › Section 75-23-25 - Rules and regulations

The State Tax Commission shall prescribe, adopt and enforce rules and regulations relating to the administration and enforcement of the Unfair Cigarette Sales Law.
The commission is hereby empowered to and may from time to time undertake and make or cause to be made one or more cost surveys for the state or such trading area or areas as it shall define and when a cost survey shall have been made by or approved by it, it shall be permissible to use the cost survey as provided in Section
75-23-19(b)
. The commission may revoke or suspend the license issued under the provisions of this law or the tobacco tax law of this state, of any person who refuses or neglects to comply with any provisions of this article or any rule or regulation of the commission prescribed under this article.
Whenever any person fails to comply with any provision of the Unfair Cigarette Sales Law or any rule or regulation of the commission promulgated thereunder, the commission, or a hearing officer or the board of review, as designated by the commissioner, after a show cause hearing, may revoke or suspend the license held by the person.
Any ruling, order or decision of the commission shall be subject to review, as provided by law, in any court of competent jurisdiction in the county in which the person affected resides.
Codes, 1942, § 1108.5-13; Laws, 1954, ch. 380, § 13; Laws, 2005, ch. 499, § 33, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 1 - UNFAIR CIGARETTE SALES LAW (§§ 75-23-1 — 75-23-27) › Section 75-23-27 - License required

After March 24, 1954, no person shall engage in or conduct the business of purchasing for resale or selling cigarettes without having first obtained the appropriate license for that purpose.
All such licenses shall be issued by the state tax commission or its designated agent, who shall make rules and regulations respecting applications therefor and issuance thereof.
A wholesaler or retailer who sells or intends to sell cigarettes at one, two (2) or more places of business shall be required to obtain a separate license for each place of business.
Any person licensed only as a wholesaler shall not operate as a retailer unless the appropriate license therefor is first secured, and any person licensed only as a retailer shall not operate as a wholesaler unless the appropriate license therefor is first secured.
Codes, 1942, § 1108.5-14; Laws, 1954, ch. 380, § 14.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 3 - SALE OF CIGARETTES INTENDED FOR EXPORT PROHIBITED (§§ 75-23-31 — 75-23-43) › Section 75-23-31 - Definitions

As used in this article:
(a)
"Commission" or "department" means the Mississippi Department of Revenue.
(b)
"Cigarette" means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether such tobacco is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco.
(c)
"Person" means any individual, firm, association, agency, syndicate, the State of Mississippi, county, municipal corporation or other political subdivision of this state, receiver, trustee, fiduciary or trade association.
Laws, 2000, ch. 596, § 1; Laws, 2009, ch. 492, § 140, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 3 - SALE OF CIGARETTES INTENDED FOR EXPORT PROHIBITED (§§ 75-23-31 — 75-23-43) › Section 75-23-33 - Prohibited acts

It shall be unlawful for any person:
(a)
To sell or distribute in this state or to acquire, hold, own, possess or transport, for sale or distribution in this state; or to import, or cause to be imported, into this state for sale or distribution in this state:
(i)
Any cigarettes the package of which:
1.
Bears any statement, label, stamp, sticker or notice indicating that the manufacturer did not intend the cigarettes to be sold, distributed or used in the United States, including, but not limited to, labels stating "For Export Only," "U.S. Tax-Exempt," "For Use Outside U.S." or similar wording; or
2.
Does not comply with:
a.
All requirements imposed by or pursuant to federal law regarding warnings and other information on packages of cigarettes manufactured, packaged or imported for sale, distribution or use in the United States, including, but not limited to, the precise warning labels specified in the Federal Cigarette Labeling and Advertising Act, 15 USCS 1333; and
b.
All federal trademark and copyright laws;
(ii)
Any cigarettes imported into the United States in violation of 26 USCS 5754 or any other federal law, or implementing federal regulations;
(iii)
Any cigarettes that such person otherwise knows or has reason to know the manufacturer did not intend to be sold, distributed or used in the United States; or
(iv)
Any cigarettes for which there has not been submitted to the Secretary of the United States Department of Health and Human Services the list or lists of the ingredients added to tobacco in the manufacture of such cigarettes required by the Federal Cigarette Labeling and Advertising Act, 15 USCS 1335a;
(b)
To alter the package of any cigarettes, prior to sale or distribution to the ultimate consumer, so as to remove, conceal or obscure:
(i)
Any statement, label, stamp, sticker or notice described in paragraph (a)(i)1 of this section;
(ii)
Any health warning that is not specified in, or does not conform with the requirements of, the Federal Cigarette Labeling and Advertising Act, 15 USCS 1333; or
(c)
To affix any stamp required pursuant to Chapter 69, Title 27, Mississippi Code of 1972, to the package of any cigarettes described in paragraph (a) of this section or altered in violation of paragraph (b) of this section.
Laws, 2000, ch. 596, § 2, eff. 5/20/2000.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 3 - SALE OF CIGARETTES INTENDED FOR EXPORT PROHIBITED (§§ 75-23-31 — 75-23-43) › Section 75-23-35 - Penalties

Any person who commits any of the acts prohibited by Section
75-23-33
, either knowing or having reason to know he is doing so, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or imprisonment of not more than five (5) years, or both.
Laws, 2000, ch. 596, § 3, eff. 5/20/2000.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 3 - SALE OF CIGARETTES INTENDED FOR EXPORT PROHIBITED (§§ 75-23-31 — 75-23-43) › Section 75-23-37 - Revocation and suspension of licenses and permits to sell tobacco; seizure, forfeiture, and destruction of contraband cigarettes

(1)
Upon finding a violation of this article or a regulation promulgated pursuant to this article, the commission may revoke or suspend the license or licenses of any permittee pursuant to the procedures set forth in Section
27-69-9
and may also impose on the permittee a civil penalty in an amount not to exceed the greater of five hundred percent (500%) of the retail value of the cigarettes involved or Five Thousand Dollars ($5,000.00).
(2)
Cigarettes that are acquired, held, owned, possessed, transported in, imported into, or sold or distributed in this state in violation of this article shall be deemed contraband under Sections
27-69-53
through
27-69-57
and shall be subject to seizure and forfeiture as provided therein. Such cigarettes so seized and forfeited shall be destroyed. Such cigarettes shall be deemed contraband whether the violation of this article is knowing or otherwise.
Laws, 2000, ch. 596, § 4, eff. 5/20/2000.
Amended with no change by Laws, 2020, ch. 331, HB 1486,§ 3, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 3 - SALE OF CIGARETTES INTENDED FOR EXPORT PROHIBITED (§§ 75-23-31 — 75-23-43) › Section 75-23-39 - Presumption that imported cigarettes with confusingly similar trade name or trademark to that of domestic brand have been purchased outside ordinary channels of trade

For purposes of this chapter, cigarettes imported or reimported into the United States for sale or distribution under any trade name, trade dress or trademark that is the same as, or is confusingly similar to, any trade name, trade dress or trademark used for cigarettes manufactured in the United States for sale or distribution in the United States shall be presumed to have been purchased outside of the ordinary channels of trade.
Laws, 2000, ch. 596, § 5, eff. 5/20/2000.