reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-39 - Act of agent or officer deemed the act of principal or company

In construing and enforcing the provisions of this article, omission or failure of any official, agent or other person acting for or employed by any association, partnership, or corporation within the scope of his employment of office shall, in every case, also be deemed the act, omission or failure of such association, partnership or corporation as well as that of the person.
Codes, Hemingway's 1921 Supp. § 6382r; 1930, § 6973; 1942, § 4994; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 17, eff. 7/1/1971.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-41 - Commissioner or any of his employees may sue out injunctions

The Commissioner of Agriculture and Commerce or any of his inspectors or employees shall be a proper party in any court of equity to effectively carry out any of the provisions of this article when an injunction would be a proper remedy.
Codes, Hemingway's 1921 Supp. § 6382s; 1930, § 6974; 1942, § 4995; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 18, eff. 7/1/1971.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-43 - This article not to conflict with any act of Congress

The provisions of this article shall not be so construed or enforced as to conflict in any way with any act of Congress regulating the movement of plants or plant products in interstate or foreign commerce.
Codes, Hemingway's 1921 Supp. § 6382t; 1930, § 6975; 1942, § 4996; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 19, eff. 7/1/1971.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-45 - Enforcement of rules and regulations

The Commissioner of Agriculture and Commerce shall have power and authority to enforce his rules, ordinances and regulations in any court of competent jurisdiction by civil, as well as criminal proceedings, and if the remedy to be pursued be by writ of injunction, no court of this state shall have right previous to a trial upon the merits to set aside such writ on bond. It shall be the duty of the attorney general, district attorneys and county attorneys to represent said commissioner whenever called upon to do so. Said commissioner in the discharge of his duties and the enforcement of the powers herein delegated, may send for books and papers, administer oaths, hear witness, etc., and to that end it is made the duty of the various sheriffs throughout the state to serve all summons and other papers upon the request of said commissioner.
Codes, Hemingway's 1921 Supp. § 6382q; 1930, § 6972; 1942, § 4993; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 16, eff. 7/1/1971.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-47 - Penalty for violations

(1)
Any person who shall violate any provisions or requirements of this article, or of the rules and regulations made or of any notice given pursuant thereto or shall forge, counterfeit, deface, destroy or wrongfully use any certificate provided for herein or in the rules and regulations made pursuant thereto, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months or by both such fine and imprisonment at the discretion of the court having jurisdiction.
(2)
In addition to the criminal penalty imposed under subsection (1) of this section, each violation of this article or the applicable rules and regulations established by the commissioner pertaining hereto shall subject the violator to administrative action as provided in Sections
69-25-51
through
69-25-63
.
Codes, Hemingway's 1921 Supp. § 6382q; 1930, § 6972; 1942, § 4993; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 16 eff. 7/1/1971; Laws, 2003, ch. 401, § 15; Laws, 2012, ch. 502, § 1, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 2 - ADMINISTRATIVE HEARING PROCEDURE FOR BUREAU OF PLANT INDUSTRY (§§ 69-25-51 — 69-25-65) › Section 69-25-53 - Hearing procedure; decision of hearing committee

(1)
Within a reasonable time after the accused's request for a hearing, the hearing committee shall conduct an evidentiary hearing. For good cause shown, the hearing committee may grant a continuance of the hearing. Written notice of the date, time and place of such hearing shall be delivered to the accused not less than fifteen (15) days prior to the hearing.
(2)
A court reporter shall be in attendance and shall record the proceedings. The hearing committee shall have the right and duty to impose reasonable restrictions as it may deem necessary or appropriate to insure an orderly, expeditious and impartial proceeding. The parties may offer oral testimony through witnesses and shall have the right of cross-examination. The rules of evidence shall be relaxed.
(3)
At the hearing, the hearing committee may administer oaths and receive evidence, either oral or documentary. Upon the request of either party, the Department of Agriculture and Commerce may issue subpoenas to compel the attendance of witnesses or the production of books, papers, records or other documentary evidence. If a person fails to comply with a subpoena issued by the department, either party may invoke the aid of any court of general jurisdiction of this state. The court may order such person to comply with the requirements of the subpoena. Failure to comply with the order of the court may be treated as contempt.
(4)
At the conclusion of the hearing, the hearing committee shall render a written decision incorporating the findings of facts, conclusions of law and penalty, if any. The hearing committee may impose any penalty authorized under Section
69-25-51
. A copy of the decision of the hearing committee shall be delivered to the accused by certified mail.
Laws, 1992, ch. 474, § 2; Laws, 2005, ch. 533, § 2, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 2 - ADMINISTRATIVE HEARING PROCEDURE FOR BUREAU OF PLANT INDUSTRY (§§ 69-25-51 — 69-25-65) › Section 69-25-55 - [Repealed]

Repealed by Laws of 2005, ch. 533, § 36 eff. 7/1/2005.
Laws, 1992, ch. 474, § 3, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 2 - ADMINISTRATIVE HEARING PROCEDURE FOR BUREAU OF PLANT INDUSTRY (§§ 69-25-51 — 69-25-65) › Section 69-25-57 - Jurisdiction of Commissioner of Agriculture and Commerce

The Commissioner of Agriculture and Commerce shall have jurisdiction over all persons and property necessary to administer and enforce the provisions of this article and he may adopt rules and regulations to implement the provisions of this article.
Laws, 1992, ch. 474, § 4; Laws, 2005, ch. 533, § 3, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 2 - ADMINISTRATIVE HEARING PROCEDURE FOR BUREAU OF PLANT INDUSTRY (§§ 69-25-51 — 69-25-65) › Section 69-25-59 - Judicial review

(1)
Any individual aggrieved by a final decision of the hearing committee shall be entitled to judicial review.
(2)
An appeal from the decision of the hearing committee shall be made by filing a written notice of appeal with the circuit court clerk of the county where the accused resides, or in the case of a nonresident accused, in the Circuit Court of the First Judicial District of Hinds County. The notice of appeal and the payment of costs must be filed and paid with the circuit clerk, within thirty (30) days of the entry of the order being appealed. The appeal shall otherwise be conducted in accordance with existing laws and rules.
(3)
Any party aggrieved by the action of the circuit court may appeal to the Mississippi Supreme Court in the manner provided by law and rules.
Laws, 1992, ch. 474, § 5; Laws, 2005, ch. 533, § 4, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 2 - ADMINISTRATIVE HEARING PROCEDURE FOR BUREAU OF PLANT INDUSTRY (§§ 69-25-51 — 69-25-65) › Section 69-25-63 - Payment and enforcement of penalties; fees and costs

When any penalty assessed by the hearing officer or committee is not paid, the department may file suit in a court of competent jurisdiction for the purpose of reducing the order of the hearing officer or committee to judgment, and if successful on the merits, the department shall be entitled to an award for reasonable attorney's fees and court costs.
Laws, 1992, ch. 474, § 7; Laws, 2005, ch. 533, § 6, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 2 - ADMINISTRATIVE HEARING PROCEDURE FOR BUREAU OF PLANT INDUSTRY (§§ 69-25-51 — 69-25-65) › Section 69-25-65 - [Repealed]

Repealed by Laws of 2005, ch. 533, § 37 eff. 7/1/2005.
Laws, 1992, ch. 474, § 8, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 3 - BEE DISEASES (§§ 69-25-101 — 69-25-109) › Section 69-25-101 - Shipment of bees into State; requirement of certificate or permit

All honey bees shipped or moved into the State of Mississippi shall be accompanied by a certificate of inspection signed by the State Entomologist, State Apiary Inspector or corresponding official of the state or country from which such bees are shipped or moved. Such certificate shall certify to the apparent freedom of the bees and their combs and hives, from contagious and infectious diseases and parasites and must be based upon an actual inspection of the bees themselves within a period of sixty (60) days preceding the date of shipment; provided, that when honey bees are to be shipped into this state from other states or countries wherein no official apiary inspector or State Entomologist is available, the Mississippi Department of Agriculture and Commerce may issue permit for such shipment upon presentation of suitable evidence showing such bees to be free from disease. The provisions of this section shall not apply to shipments of live bees in wire cages, when without combs of honey.
Codes, Hemingway's 1921 Supp. § 3636b; 1930, § 6979; 1942, § 5001; Laws, 1920, ch. 209; Laws, 1972, ch. 369, § 3; Laws, 1991, ch. 329, § 1; Laws, 1991, ch. 530, § 20, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 3 - BEE DISEASES (§§ 69-25-101 — 69-25-109) › Section 69-25-103 - Department of Agriculture and Commerce empowered to deal with Africanized bees and bee diseases

The Mississippi Department of Agriculture and Commerce shall have full and plenary power to deal with Africanized honey bees (Apris mellifera scutellata) and with American and European foul brood, and all other contagious or infectious diseases and parasites of honey bees which, in its opinion, may be prevented, controlled or eradicated; and shall have full power and is hereby authorized to make, promulgate and enforce such rules, ordinances and regulations and to perform such acts, through its agents or otherwise, as in its judgment may be necessary to control, eradicate or prevent the introduction, spread or dissemination of Africanized honey bees and all contagious diseases of honey bees and parasites as far as may be possible and all such rules, ordinances and regulations of said department shall have the force and effect of law.
Codes, Hemingway's 1921 Supp. § 3636c; 1930, § 6980; 1942, § 5002; Laws, 1920, ch. 209; Laws, 1972, ch. 369, § 4; Laws, 1991, ch. 329, § 2; Laws, 1991, ch. 530, § 21, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 3 - BEE DISEASES (§§ 69-25-101 — 69-25-109) › Section 69-25-105 - Authority to make inspections and to order removal, destruction or treatment of Africanized or infected bees

The Mississippi Department of Agriculture and Commerce, its agents and employees, shall have authority to enter any depot, express office, storeroom, warehouse or premises for the purpose of inspecting any honey bees or beekeeping fixtures or appliances therein or thought to be therein, for the purpose of ascertaining whether said bees or fixtures are infected with any contagious or infectious disease or parasite or which they may have reason to believe are Africanized bees or have been or are being transported in violation of any of the provisions of this article.
The said department through its agents or employees may require the removal from this state of any honey bees or beekeeping fixtures which have been brought into the state in violation of the provisions of this article, or if finding any honey bees or fixtures infected with any contagious or infectious disease or parasite or if finding that such bees are Africanized or if such bees or fixtures have been exposed to danger of infection by such diseases, may require the destruction, treatment or disinfection of such infected or exposed bees, hives, fixtures or appliances.
Codes, Hemingway's 1921 Supp. § 3636d; 1930, § 6981; 1942, § 5003; Laws, 1920, ch. 209; Laws, 1972, ch. 369, § 5; Laws, 1991, ch. 329, § 3; Laws, 1991, ch. 530, § 22, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 3 - BEE DISEASES (§§ 69-25-101 — 69-25-109) › Section 69-25-107 - Shipment of suspected materials may be prohibited

The shipment or movement into this state of any used or secondhand beehives, honey combs, frames or other beekeeping fixtures is hereby prohibited except under such rules and regulations as may be prescribed by the Mississippi Department of Agriculture and Commerce.
Codes, Hemingway's 1921 Supp. § 3636e; 1930, § 6982; 1942, § 5004; Laws, 1920, ch. 209; Laws, 1972, ch. 369, § 6; Laws, 1991, ch. 530, § 23, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 3 - BEE DISEASES (§§ 69-25-101 — 69-25-109) › Section 69-25-109 - Penalty for violations of this article

(1)
Any person, firm or corporation violating any of the provisions of this article or of the rules or regulations of the Mississippi Department of Agriculture and Commerce, adopted in accordance with the provisions thereof shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than six (6) months in the county jail.
(2)
In addition to the criminal penalty imposed under subsection (1) of this section, each violation of this article or the applicable rules and regulations established by the commissioner pertaining hereto shall subject the violator to administrative action as provided in Sections
69-25-51
through
69-25-63
.
Codes, Hemingway's 1921 Supp. § 3636f; 1930, § 6983; 1942, § 5005; Laws, 1920, ch. 209; Laws, 1972, ch. 369, § 7; Laws, 1991, ch. 530, § 24; Laws, 2012, ch. 502, § 3, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 4 - MISSISSIPPI HEMP CULTIVATION ACT (§§ 69-25-201 — 69-25-223) › Section 69-25-201 - Short title; exclusivity

This article shall be known as the "Mississippi Hemp Cultivation Act." The regulation of hemp cultivation and processing shall be governed exclusively by the provisions of the Mississippi Hemp Cultivation Act. A municipality, county or other political subdivision of this state shall not enact, adopt or enforce a rule, ordinance, order, resolution or other regulation that allows, prohibits or penalizes the cultivation, production or processing of hemp in this state.
Added by Laws, 2020, ch. 413, SB 2725,§ 1, eff. 6/29/2020.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 4 - MISSISSIPPI HEMP CULTIVATION ACT (§§ 69-25-201 — 69-25-223) › Section 69-25-203 - Definitions

For purposes of this article, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise:
(a)
"Bureau of Plant Industry" means a division of the Mississippi Department of Agriculture and Commerce created under the provision of Section
69-25-3
.
(b)
"Business entity" means a nonnatural person and includes nonprofit and for profit corporations, partnerships, limited liability corporations, and other legal entities recognized by law.
(c)
"Commissioner" means the Commissioner of Agriculture and Commerce of the State of Mississippi. Where applicable under the provisions of this article, "commissioner" shall include the commissioner's designee.
(d)
"Delta-9-tetrahydrocannabinol" means the sum of the percentage by weight of tetrahydrocannabinol acid multiplied by eight hundred seventy-seven thousandths (0.877) plus the percentage by weight of delta-9-tetrahydrocannabinol.
(e)
"Department" means the Mississippi Department of Agriculture and Commerce.
(f)
"Grower" means a person, business entity, joint venture or cooperative that cultivates, grows or harvests hemp.
(g)
"Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol (THC) concentration of not more than three-tenths percent (0.3%) on a dry weight basis that is grown or processed under this article.
(h)
"Legal description of land" means Global Position System coordinates and shall also include the metes and bounds to include township, range, and section for the location in which hemp is grown.
(i)
"Person" means any person, firm, association, corporation or business entity.
(j)
"Processor" means a person, business entity, joint venture or cooperative that receives hemp for processing into commodities, products or hemp seed. A processor also includes any such entity that brokers and/or stores hemp.
(k)
"State plan" means the plan contemplated by 7 C.F.R. Part 990 Subpart B that a state must file for approval with the United States Secretary of Agriculture.
(l)
"USDA" means the United States Department of Agriculture.
Added by Laws, 2020, ch. 413, SB 2725,§ 2, eff. 6/29/2020.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 4 - MISSISSIPPI HEMP CULTIVATION ACT (§§ 69-25-201 — 69-25-223) › Section 69-25-205 - Special fund

There shall be established in the State Treasury a special fund for the department to administer the State Plan. The fund shall consist of amounts received from appropriations, and any other proceeds from gifts, grants, federal funds, application fees, registration fees, and any other funds, both public and private, made available for the purposes of this chapter. The fund shall be administered by the department. Unexpended monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund.
Added by Laws, 2020, ch. 413, SB 2725,§ 3, eff. 6/29/2020.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 4 - MISSISSIPPI HEMP CULTIVATION ACT (§§ 69-25-201 — 69-25-223) › Section 69-25-207 - Licensing and registration

(1)
Pursuant to the provisions of this article, cultivation and processing of hemp, as defined in Section
69-25-203
, are authorized in this state. Cultivation and processing of hemp are subject to regulation by the department and may only be performed by persons or business entities that hold a valid license or registration issued hereunder.
(2)
The commissioner shall create a State Plan for submission to and approval by the United States Department of Agriculture and the United States Secretary of Agriculture. The commissioner and department shall promulgate such reasonable regulations as necessary to implement the State Plan and provisions of this article. The commissioner and the department shall be authorized to promulgate any rule or regulation deemed necessary for the administration of the provisions of this article in compliance with any federal law, rule or regulation promulgated by the United States Department of Agriculture.
(3)
The department is authorized to accept applications, and issue licenses and/or registrations for all hemp growers and hemp processors. The department shall adopt and enforce all rules and regulations related to those licenses and/or registrations.
(4)
All hemp growers must be licensed by the department.
(5)
All hemp processors must register with the department.
(6)
All licensed holders and registered processors shall keep and maintain crop and/or processing records in accordance with rules and regulations adopted and enforced by the department. The department may subject the required records to inspection. The department may make an inspection for the purpose of ensuring compliance with:
(a)
USDA guidelines;
(b)
Provisions of this article;
(c)
Department rules and regulations;
(d)
Any terms or conditions of a license issued hereunder;
(e)
Registration with the department; or
(f)
A final department order directed to the grower's or processor's hemp operations or activities.
(7)
All hemp growers and processors shall be subject to a background investigation conducted by the Department of Public Safety, which shall include both a state and federal background check.
Added by Laws, 2020, ch. 413, SB 2725,§ 4, eff. 6/29/2020.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 4 - MISSISSIPPI HEMP CULTIVATION ACT (§§ 69-25-201 — 69-25-223) › Section 69-25-209 - Transport of hemp

Hemp growers must keep a copy of their hemp grower's license in all vehicles used to transport hemp under normal cultivation activities. Any person transporting or delivering hemp for commerce purposes shall have a dated invoice, bill of lading, or manifest in his or her possession during the entire time he or she is transporting or delivering hemp. The invoice, bill of lading, or manifest shall include the following information:
(a)
The seller's and the purchaser's license and/or registration number, name and address;
(b)
The specific origin and destination of the hemp being transported;
(c)
The quantity of hemp being transported; and
(d)
Any additional information and/or documentation required by the department.
Added by Laws, 2020, ch. 413, SB 2725,§ 5, eff. 6/29/2020.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 4 - MISSISSIPPI HEMP CULTIVATION ACT (§§ 69-25-201 — 69-25-223) › Section 69-25-211 - Enforcement

(1)
(a)
The commissioner or the commissioner's designee may enter, at reasonable times, upon any public or private property at which hemp is being cultivated or processed for the purpose of determining compliance with this chapter and rules adopted under it. The Director of the Bureau of Plant Industry may apply for, and any judge of a court of competent jurisdiction, may issue a search warrant as is necessary to achieve the purposes of this chapter relating to things, property or places within the court's territorial jurisdiction.
(b)
If the commissioner or the commissioner's designee determines that emergency conditions exist requiring immediate action necessary to protect public health or safety of the environment, the commissioner or the commissioner's designee may issue an order stating the existence of such conditions and requiring specific actions be taken to mitigate those conditions without providing prior notice or an adjudication hearing.
(c)
Any person to whom such an order is issued shall immediately comply with that order, and may apply to the Director of the Bureau of Plant Industry for an adjudication hearing. Upon receiving an application for an adjudication hearing, the director shall hold the hearing as soon as practicable and not later than thirty (30) days after receipt of the application. On the basis of the hearing, the director shall continue the order in effect, revoke it, or modify it.
(d)
In addition to any other available remedies, the commissioner or the Mississippi Attorney General may apply to the circuit court in the county where any provision of this chapter or an order issued under paragraph (b) of this subsection is being violated for an injunction restraining any person from continuing the violation.
(e)
An employee of the state or any division, agency, institution thereof involved in the administration and/or enforcement of this article, shall not be subject to prosecution for violations related to possession or transportation of hemp or cannabis in conjunction with the employee's duties arising under this chapter.
(2)
In addition to any other liability or penalty provided by law, the department may revoke or refuse to issue or renew a hemp grower license or hemp processor registration and may impose a civil penalty for violations of:
(a)
A license or registration requirement;
(b)
License or registration terms or conditions;
(c)
Department rules and regulations relating to growing or processing hemp; or
(d)
A final order of the department that is specifically directed to the grower's or processor's hemp operations or activities.
(3)
The department may impose administrative penalties for violations under this section in accordance with Section
69-25-51
.
Added by Laws, 2020, ch. 413, SB 2725,§ 6, eff. 6/29/2020.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 4 - MISSISSIPPI HEMP CULTIVATION ACT (§§ 69-25-201 — 69-25-223) › Section 69-25-213 - Negligent violations

(1)
Upon a determination by the commissioner or the commissioner's designee, the following may constitute negligent violations:
(a)
Failing to provide a legal description of land on which the grower produces hemp;
(b)
Failing to obtain a license or other required authorization from the department;
(c)
Failing to register with the department;
(d)
Producing Cannabis sativa L. with a delta-9-tetrahydrocannabinol concentration of more than five-tenths percent (0.5%) on a dry weight basis; or
(e)
Any other violation of the State Plan, including any rules and regulations set forth by the department.
(2)
Corrective action plan.
(a)
A hemp grower shall comply with a plan established by the commissioner or the commissioner's designee to correct the negligent violation, including:
(i)
A reasonable date by which the hemp grower shall correct the negligent violation; and
(ii)
A requirement that the hemp grower shall periodically report to the commissioner or the commissioner's designee regarding the compliance with the corrective plan for a period of not less than the next two (2) calendar years.
(b)
The department shall notify the Mississippi Bureau of Narcotics of all corrective action plans implemented by the commissioner or the commissioner's designee.
(3)
Result of negligent violation.
A hemp grower that negligently violates the State Plan shall not, as a result of that violation, be subject to any criminal enforcement action by a state, county or local government entity.
(4)
Repeat violations.
A hemp grower that negligently violates the State Plan three (3) times in a five-year period shall be ineligible to produce hemp for a period of five (5) years beginning on the date of the third violation.
Added by Laws, 2020, ch. 413, SB 2725,§ 7, eff. 6/29/2020.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 4 - MISSISSIPPI HEMP CULTIVATION ACT (§§ 69-25-201 — 69-25-223) › Section 69-25-215 - Nonnegligent violations

If a hemp grower violates the State Plan, including growing hemp containing a delta-9-tetrahydrocannabinol (THC) concentration that exceeds three-tenths percent (0.3%) on a dry mass basis or a tolerance range as specified by USDA, with a culpable mental state greater than negligence as determined by the department, the commissioner shall immediately report the violation and the hemp grower to the United States Attorney General, the Mississippi Attorney General and the Mississippi Public Safety Commissioner. Such violations shall also be referred to the Mississippi Bureau of Narcotics for investigation. The Bureau of Narcotics may detain, seize and/or destroy the crop and may initiate a criminal case for any violation of this article or the Mississippi Uniform Controlled Substances Law. The Mississippi Attorney General shall, in person or by his or her designee, prosecute all criminal actions related to violations arising under this chapter relating to hemp, on behalf of the State. Violations of the State Plan that involve culpability greater than negligence must be reported to the United States Attorney General and the Mississippi Attorney General. The provisions of Section
69-25-213
shall not apply to nonnegligent violations.
Added by Laws, 2020, ch. 413, SB 2725,§ 8, eff. 6/29/2020.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 4 - MISSISSIPPI HEMP CULTIVATION ACT (§§ 69-25-201 — 69-25-223) › Section 69-25-219 - General provisions

(1)
Any person convicted of a felony relating to a controlled substance under state or federal law before, on or after the date of enactment of this article [June 29, 2020], shall be ineligible, during the ten-year period following the date of the conviction to participate in the program established under this article and to produce hemp under any regulations or guidelines issued under this article.
(2)
Any person who materially falsifies any information contained in an application to participate in the State Plan established under this article shall be ineligible to participate in the State Plan.
(3)
In addition to any inspection conducted, the department may inspect any hemp crop at any time and take a representative composite sample for analysis. It shall be the duty of the department to take such samples and deliver them to the State Chemist for examination and analysis. It shall be the duty of the State Chemist to cause as many analyses to be made of samples delivered to him or her by the department as may be necessary to properly implement the intent of this article. The State Chemist shall make a report of such analyses to the department.
(4)
The department shall charge growers and processors a fee or fees as determined by the department in a sufficient amount to cover the costs required to administer and enforce the provisions of this chapter.
Added by Laws, 2020, ch. 413, SB 2725,§ 10, eff. 6/29/2020.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 4 - MISSISSIPPI HEMP CULTIVATION ACT (§§ 69-25-201 — 69-25-223) › Section 69-25-221 - Necessity of surety bond

Necessity of surety bond. No person shall operate as a hemp processor without first having secured a surety bond pursuant to this section. The commissioner shall promulgate rules and regulations as necessary to require hemp processors to secure a surety bond. A hemp processor may file with the department, in lieu of a surety bond, a certificate of deposit or irrevocable letter of credit from any bank or banking corporation insured by the Federal Deposit Insurance Corporation. Rules and regulations required for certificates of deposit and irrevocable letters of credit shall be promulgated by the commissioner.
Added by Laws, 2020, ch. 413, SB 2725,§ 11, eff. 6/29/2020.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 4 - MISSISSIPPI HEMP CULTIVATION ACT (§§ 69-25-201 — 69-25-223) › Section 69-25-223 - Implementation of provisions of article providing authority to administer Mississippi Hemp Cultivation Act subject to public or private funding; programs administered by Mississippi State University exempt from provisions of article

(1)
The provisions of this article which provides authority to the Commissioner of Agriculture and Commerce and the Mississippi Department of Agriculture and Commerce to administer the provisions of the "Mississippi Hemp Cultivation Act," shall be subject to legislative appropriation or receipt of necessary funding from any private or public entity for purposes of implementation.
(2)
The provisions of this article shall not have any effect upon any programs administered by Mississippi State University, which shall remain exempt, as such programs related to the educational, research or testing functions performed by Mississippi State Chemical Laboratory, shall continue to function in accordance with the mission of the university, as approved by the Board of Trustees of State Institutions of Higher Learning.
Added by Laws, 2020, ch. 413, SB 2725,§ 16, eff. 6/29/2020.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 26 - PEST CONTROL COMPACT (§§ 69-26-1 — 69-26-7) › Section 69-26-2 - State government agencies may cooperate with Insurance Fund

Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the Insurance Fund established by the Pest Control Compact.
Laws, 2006, ch. 442, § 2, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 26 - PEST CONTROL COMPACT (§§ 69-26-1 — 69-26-7) › Section 69-26-3 - Bylaws and amendments to be filed with Commissioner of Agriculture and Commerce

Pursuant to Article IV(h) of the Compact, copies of bylaws and amendments thereto shall be filed with the Commissioner of Agriculture and Commerce.
Laws, 2006, ch. 442, § 3, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 26 - PEST CONTROL COMPACT (§§ 69-26-1 — 69-26-7) › Section 69-26-4 - Mississippi compact administrator; duties

The Compact administrator for this state shall be Commissioner of Agriculture and Commerce. The duties of the Compact administrator shall be deemed a regular part of the duties of this office.
Laws, 2006, ch. 442, § 4, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 26 - PEST CONTROL COMPACT (§§ 69-26-1 — 69-26-7) › Section 69-26-5 - Request for assistance from Insurance Fund

Within the meaning of Article VI(b) or VIII(a), a request or application for assistance from the Insurance Fund may be made by the Commissioner of Agriculture and Commerce or the Governor whenever in such official's judgment the conditions qualifying this state for such assistance exist and it would be in the best interest of this state to make such request.
Laws, 2006, ch. 442, § 5, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 26 - PEST CONTROL COMPACT (§§ 69-26-1 — 69-26-7) › Section 69-26-6 - Reimbursement of expenditures for Compact control or eradication program

The department, agency or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the Compact shall have credited to his account, in the state treasury the amount or amounts of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof.
Laws, 2006, ch. 442, § 6, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 26 - PEST CONTROL COMPACT (§§ 69-26-1 — 69-26-7) › Section 69-26-7 - "Executive head" defined

As used in this Compact, with reference to this state, the term "executive head" shall mean the Governor.
Laws, 2006, ch. 442, § 7, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 27 - SOIL CONSERVATION (§§ 69-27-1 — 69-27-401) › Article 1 - DISTRICTS (§§ 69-27-1 — 69-27-69) › Section 69-27-1 - Short title

This article may be known and cited as the "Soil and Water Conservation District Law."
Codes, 1942, § 4940; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 1, eff. 1/1/1969.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 27 - SOIL CONSERVATION (§§ 69-27-1 — 69-27-401) › Article 1 - DISTRICTS (§§ 69-27-1 — 69-27-69) › Section 69-27-2 - State Soil and Water Conservation Committee renamed; transfer of powers and duties to State Soil and Water Conservation Commission

The State Soil and Water Conservation Committee is hereby renamed the State Soil and Water Conservation Commission. The State Soil and Water Conservation Commission shall retain all powers and duties as were accorded to the committee, and wherever the term "State Soil and Water Conservation Committee" or "committee" appears in any law heretofore or hereafter enacted, the same shall be construed to mean the State Soil and Water Conservation Commission.
Laws, 1974, ch. 357, § 1, eff. 3/14/1974.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 27 - SOIL CONSERVATION (§§ 69-27-1 — 69-27-401) › Article 1 - DISTRICTS (§§ 69-27-1 — 69-27-69) › Section 69-27-5 - Levee districts excepted

None of the provisions of this article shall apply to any county which is in whole or in part within a levee district bordering on the Mississippi River, unless an order has been passed by the board of supervisors of such county after thirty (30) days notice by publication of its intention so to do.
Codes, 1942, § 4955; Laws, 1938, ch. 253.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 27 - SOIL CONSERVATION (§§ 69-27-1 — 69-27-401) › Article 1 - DISTRICTS (§§ 69-27-1 — 69-27-69) › Section 69-27-11 - Soil and Water Conservation Commission employees; office of accommodations

The State Soil and Water Conservation committee may employ an administrative officer and such technical experts and such other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. The committee may call upon the Attorney General of the state for such legal services as it may require, or may employ its own counsel and legal staff. It shall have authority to delegate to its chairman, to one or more of its members, or to one or more agents or employees such powers and duties as it may deem proper. The committee shall supply itself with suitable office accommodations at Mississippi State University of Agriculture and Applied Science or at Jackson, or at any place where the committee shall designate. Upon request of the committee, for the purpose of carrying out any of its functions, the supervising officer of any state agency or of any state institution of learning shall, insofar as may be possible under available appropriations, and having due regard for the needs of the agency to which the request is directed, assign or detail to the committee, members of the staff or personnel of such agency or institution of learning, the duty of making such special reports, surveys or studies as the committee may request.
Codes, 1942, § 4943; Laws, 1938, ch. 253; Laws, 1960, ch. 158; Laws, 1968, ch. 246, § 4, eff. 1/1/1969.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 27 - SOIL CONSERVATION (§§ 69-27-1 — 69-27-401) › Article 1 - DISTRICTS (§§ 69-27-1 — 69-27-69) › Section 69-27-13 - General duties and powers of Commission

The State Soil and Water Conservation Commission shall have the following duties and powers:
(a)
To offer any assistance as may be appropriate to the commissioners of soil and water conservation districts in the carrying out of their powers and programs.
(b)
To keep the commissioners of each of the districts informed of the activities and experience of all other districts, and to facilitate cooperation between districts.
(c)
To coordinate the programs of the soil and water conservation districts.
(d)
To secure the cooperation and assistance of the United States and any of its agencies and of agencies of this state in the work of the districts.
(e)
To disseminate information concerning the activities and programs of the soil and water conservation districts, and to encourage the formation of districts.
(f)
To seek and receive grants of monies, and other assets, from any source to carry out this article.
(g)
To distribute any appropriated or other funds or assets under its control, from state, federal or other governmental agencies or political subdivisions, or from private grants, including matching funds to districts.
(h)
To establish and administer qualification standards for district commissioners and officers.
(i)
To give guidance and overall supervision to districts when assistance is requested, or acceptable.
(j)
To study, classify and evaluate land use needs and problems in the State of Mississippi; to make recommendations leading to adoption of land use policy and broad guidelines for meeting the needs and problems so identified.
(k)
To demonstrate to landowners and operators within the state, equipment that will demonstrate energy and soil and water conservation.
(l)
To enter into and to authorize the executive director to execute with the approval of the commission, contracts, grants, cooperative agreements and memoranda of understanding with any federal or state agency or subdivision thereof, or any public or private institution location inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the purposes of this article.
(m)
To cooperate with the Commission on Environmental Quality in addressing agricultural nonpoint source pollution. Subject to Section
49-17-13
, Mississippi Code of 1972, the Commission on Environmental Quality and the commission shall enter into a memorandum of understanding which shall establish the commission's role in nonpoint source pollution issues.
Codes, 1942, § 4943; Laws, 1938, ch. 253; Laws, 1960, ch. 158; Laws, 1968, ch. 246, § 4; Laws, 1972, ch. 437, § 1; Laws, 1993, ch. 541, § 1; Laws, 1996, ch. 390, § 1, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 27 - SOIL CONSERVATION (§§ 69-27-1 — 69-27-401) › Article 1 - DISTRICTS (§§ 69-27-1 — 69-27-69) › Section 69-27-14 - Wildflower Seed Revolving Fund

(1)
There is hereby created in the State Treasury a fund designated as the Wildflower Seed Revolving Fund to be used by the Mississippi Soil and Water Conservation Commission to contract for the purchase of wildflower seeds from public or private providers, for resale to local conservation districts or other governmental entities for planting programs.
(2)
The Wildflower Revolving Fund shall be funded by monies received from the sale of seeds to the local conservation districts or other governmental entities. Monies collected from the sales shall be deposited into the Wildflower Revolving Fund. The State Treasurer shall make disbursements for payment of purchase of wildflower seeds upon requisition by the Soil and Water Conservation Commission and upon the issuance of warrants by the Department of Finance and Administration.
Laws, 1996, ch. 443, § 1, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 27 - SOIL CONSERVATION (§§ 69-27-1 — 69-27-401) › Article 1 - DISTRICTS (§§ 69-27-1 — 69-27-69) › Section 69-27-15 - Soil and Water Conservation districts; petition for creation

Any twenty-five (25) owners of land lying within the limits of the territory proposed to be organized into a district may file a petition with the State Soil and Water Conservation Committee asking that a soil and water conservation district be organized to function in the territory described in the petition. Such petition shall set forth:
(a)
The proposed name of said district.
(b)
That there is need, in the interest of the public health, safety, and welfare, for a soil and water conservation district to function in the territory described in the petition.
(c)
A description of the territory proposed to be organized as a district, which description shall not be required to be given by metes and bounds or by legal subdivisions, but shall be deemed sufficient if generally accurate.
(d)
A request that the State Soil and Water Conservation Committee duly define the boundaries for such district; that a referendum be held within the territory so defined on the question of the creation of a soil conservation district in such territory; and that the committee determine that such a district be created.
Where more than one petition is filed covering parts of the same territory, the State Soil and Water Conservation Committee may consolidate all or any such petitions.
Codes, 1942, § 4944; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 5, eff. 1/1/1969.