reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 7 - MARKETS AND MARKETING; DOMESTIC FISH FARMING (§§ 69-7-1 — 69-7-755) › Article 17 - WEIGHING DEVICES FOR FARM-RAISED CATFISH (§ 69-7-701) › Section 69-7-701 - Use of weighing device by catfish processors

(1)
For purposes of this section, the following terms shall have the meaning ascribed herein unless the context otherwise requires:
(a)
"Catfish" means any species within the family of Ictaluridae.
(b)
"Processor" means any person engaged in handling, storing, preparing, manufacturing, packing or holding catfish products.
(2)
When making a weight determination of farm-raised catfish, the processor shall weigh the catfish as they are unloaded from the live haul truck and shall drain any water from the weighing baskets before the catfish are weighed. No deductions shall be made thereafter for water in the weighing baskets. The processor shall also use a weighing device that is of a type suitable for the weighing of farm-raised catfish and subject to the provisions of Section
75-27-19
, Mississippi Code of 1972.
(3)
Such weighing device shall electronically print a ticket which provides an exact duplicate of the weight indicated. A copy of this ticket shall be furnished to the owner of the catfish. Such ticket shall also include, but is not limited to, the following:
(a)
The name and address of the processor;
(b)
The name of the owner of the catfish being weighed;
(c)
The date the catfish is weighed;
(d)
The signature of the individual who weighs the farm-raised catfish recorded on the weight ticket;
(e)
The device should print zero (0) before each weighing; and
(f)
Such additional information as the Commissioner of Agriculture and Commerce deems necessary for the lawful and accurate recording of the weight of farm-raised catfish.
(4)
Deductions for trash fish, turtles and other foreign materials shall be determined by a separate electronic weighing of the same with a printed ticket provided to the producer.
Laws, 1990, ch. 301, § 1; Laws, 1991, ch. 469, § 1; Laws, 2004, ch. 377, § 6; Laws, 2005, ch. 390, § 2, eff. 3/16/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 7 - MARKETS AND MARKETING; DOMESTIC FISH FARMING (§§ 69-7-1 — 69-7-755) › Article 19 - GRADING AND CERTIFICATION OF FRUITS AND NUTS (§§ 69-7-751 — 69-7-755) › Section 69-7-751 - Legislative declaration and intent

The Legislature declares a need to promote Mississippi agricultural products to raise the overall quality of fruits, vegetables and nuts; and it is the intent of the Legislature that fruits, vegetables and nuts produced or processed, or both, in the State of Mississippi be certified and graded.
Laws, 1994, ch. 605, § 3, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 7 - MARKETS AND MARKETING; DOMESTIC FISH FARMING (§§ 69-7-1 — 69-7-755) › Article 19 - GRADING AND CERTIFICATION OF FRUITS AND NUTS (§§ 69-7-751 — 69-7-755) › Section 69-7-753 - Food Products Certification Office; creation; establishment; and responsibilities

There is created in the Department of Agriculture and Commerce a Food Products Certification Office. This office shall establish grading and certification processes for fruits, vegetables and nuts. This office shall also establish regulations and procedures to determine whether a product is produced or processed, or both, in Mississippi. The Food Products Certification Office shall be responsible for:
(a)
Inspecting, grading and certifying fruits, vegetables and nuts;
(b)
Coordinating and developing markets for Mississippi farmers who produce fruits, vegetables and nuts;
(c)
Managing or assisting in the management of the vegetable marketing sheds; and
(d)
Assisting farmers in the production of fruits and vegetables with the greatest market demand that are most adaptable to each production area.
Laws, 1994, ch. 605, § 4, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 7 - MARKETS AND MARKETING; DOMESTIC FISH FARMING (§§ 69-7-1 — 69-7-755) › Article 19 - GRADING AND CERTIFICATION OF FRUITS AND NUTS (§§ 69-7-751 — 69-7-755) › Section 69-7-755 - Hiring of marketing managers; qualifications and salaries; Producer Advisory Board

The Department of Agriculture and Commerce shall hire not more than seven (7) marketing managers. The qualifications and salaries for the marketing managers shall be established by the State Personnel Board. Marketing managers shall be employed from a list of applicants approved by the State Personnel Board and recommended by the Director of the Mississippi Cooperative Extension Service, the Executive Director of the Agribusiness Council and the Commissioner of Agriculture, or their designees. Marketing managers shall be assigned to one or more of the marketing sheds at Booneville, Louisville, Wiggins, Bassfield, Taylorsville, Newton, Kemper County and Leakesville. Each of these marketing sheds shall be provided with a digital weighing scale to ensure accurate weight/grade. Each marketing shed shall establish a Producer Advisory Board consisting of four (4) local farmer producers of nuts, fruits or vegetables and three (3) produce industry representatives.
Laws, 1994, ch. 605, § 5, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 8 - BEEF PROMOTION AND RESEARCH PROGRAM (§§ 69-8-1 — 69-8-15) › Section 69-8-1 - Purpose

The purpose of this chapter shall be to promote the growth and development of the cattle industry in Mississippi through research, advertisement, promotions, education and market development in the absence of any federal programs.
Laws, 2005, ch. 429, § 1, eff. 3/21/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 8 - BEEF PROMOTION AND RESEARCH PROGRAM (§§ 69-8-1 — 69-8-15) › Section 69-8-3 - Definitions

For the purposes of this chapter, the following terms shall have the meanings ascribed to them herein unless the context clearly indicates otherwise:
(a)
"Producer" means any person who owns or acquires ownership of cattle, except that a person shall not be considered to be a producer if that person's only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee or other service fee.
(b)
"Collecting person" means any livestock dealer licensed under the Packers and Stockyards Act of 1921, as amended, who makes payment to a producer for cattle purchased in Mississippi.
(c)
"Council" means the "Mississippi Beef Industry Council."
(d)
"Commissioner" means the Commissioner of Agriculture and Commerce for the State of Mississippi.
Laws, 2005, ch. 429, § 2, eff. 3/21/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 8 - BEEF PROMOTION AND RESEARCH PROGRAM (§§ 69-8-1 — 69-8-15) › Section 69-8-5 - Mississippi Beef Industry Council created; membership; organization; rules and regulations; certain officers to be bonded

(1)
The Mississippi Beef Industry Council is created and shall be composed of eighteen (18) members as follows:
(a)
Seven (7) members appointed by the Mississippi Cattlemen's Association, of whom one (1) shall be a meat scientist or a meat packer;
(b)
One (1) member appointed by the Mississippi Cattlewomen's Association;
(c)
Five (5) members appointed by the Mississippi Farm Bureau Federation, of whom one (1) shall be a dairy farmer and one (1) shall be a beef retailer;
(d)
Five (5) members appointed by the Mississippi Livestock Marketing Association.
(2)
Within thirty (30) days after the levy of the national beef promotion and research program established by the "Beef Promotion and Research Act of 1985" is finally adjudicated unconstitutional, each organization shall select its members to serve on the council. The members of the council shall meet and organize after their appointment and shall select a chairman, vice chairman and secretary-treasurer from the membership of the council. The council may establish rules and regulations for the administration of the duties of the council. The minutes of the council shall reflect the votes taken by the council concerning any contracts for projects of research, education, advertisement or promotion of the beef industry.
(3)
The chairman, vice chairman and secretary-treasurer shall be bonded in an amount not less than Twenty Thousand Dollars ($20,000.00). The cost of the bonds shall be paid from the funds received under this chapter.
Laws, 2005, ch. 429, § 3, eff. 3/21/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 8 - BEEF PROMOTION AND RESEARCH PROGRAM (§§ 69-8-1 — 69-8-15) › Section 69-8-7 - Referendum on assessments

(1)
Within ninety (90) days after the levy of the national beef promotion and research program established by the "Beef Promotion and Research Act of 1985" is finally adjudicated unconstitutional, the commissioner is authorized to call a referendum allowing producers to vote as to whether an assessment of One Dollar ($1.00) per head on all cattle sold in the state shall be levied for the purpose of promotion and development of the Mississippi cattle industry.
(a)
A cattle producer who owned or produced cattle in the year immediately preceding the referendum shall be entitled to cast one (1) vote.
(b)
The council shall bear all expenses incurred in conducting a referendum.
(c)
If a majority of the producers voting in the referendum vote in favor of the assessment, then a sum of One Dollar ($1.00) per head shall be levied on all cattle sold in the state. This assessment shall be applicable to all sales made on or after a date specified by the commissioner but no later than ninety (90) days after certification of the results of the election.
(d)
The assessment shall be a continuing levy until either terminated by the council or repealed by a majority vote in a subsequent referendum.
(2)
Subsequent referendums:
(a)
Upon petition by ten percent (10%) of the producers, the commissioner shall call for a subsequent referendum to allow producers to vote on the assessment.
(b)
If a referendum fails to receive a majority of affirmative votes, then the commissioner shall be authorized to call another referendum in the next succeeding year. No such referendum shall be held within a period of twelve (12) months from the date on which the last referendum was held.
(3)
If this program is terminated as a result of referendum vote or for any other reason, collections received prior to the last day of the program as designated by the commissioner, will be expended within ninety (90) days in the manner in which the program was operated.
(4)
The commissioner, with the approval of the council, may promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, as may be necessary to carry out this chapter.
Laws, 2005, ch. 429, § 4, eff. 3/21/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 8 - BEEF PROMOTION AND RESEARCH PROGRAM (§§ 69-8-1 — 69-8-15) › Section 69-8-9 - Collection and remittance of assessments

(1)
Each collecting person shall collect and remit the assessments levied by this section in accordance with Section
69-8-7
.
(2)
Each collecting person shall remit all assessments to the council with the required report no later than the fifteenth day of the month following the close of the reporting period.
(a)
Assessments collected by the council are not state funds and will not be required to be deposited in the State Treasury.
(b)
Each calendar month shall be a reporting period. The reporting period shall end at the close of business on the last day of the month.
(c)
Required report information and forms shall be determined and provided by the council.
Laws, 2005, ch. 429, § 5, eff. 3/21/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 8 - BEEF PROMOTION AND RESEARCH PROGRAM (§§ 69-8-1 — 69-8-15) › Section 69-8-11 - Council permitted to accept gifts, donations and grants; submission of annual report of revenues and expenditures to commissioner; administrative costs

(1)
The council may accept monetary gifts, donations and grants from public as well as private sources.
(2)
By July 31 of each year the council shall submit to the commissioner a complete report of all revenues and expenditures that were generated by the administration of this program in a format that has been approved by the commissioner.
(3)
Of the monies collected under this program, an amount not to exceed fifteen percent (15%) of the total revenues per year shall be expended on the administrative costs of the program.
Laws, 2005, ch. 429, § 6, eff. 3/21/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 8 - BEEF PROMOTION AND RESEARCH PROGRAM (§§ 69-8-1 — 69-8-15) › Section 69-8-13 - Refund of assessments

(1)
Any producer may request and receive a refund of assessments levied on the sale of the producer's cattle.
(a)
The request may be made only by the producer.
(b)
The request must be made to the council in writing within forty-five (45) days from the date of sale.
(c)
The request must include the name and address of the sale market or purchaser, date of sale, number of head sold and assessed, and proof that the assessment was deducted.
(2)
The council shall mail payment of assessment refunds to the requesting producer within thirty (30) days of receiving the request.
Laws, 2005, ch. 429, § 7, eff. 3/21/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 8 - BEEF PROMOTION AND RESEARCH PROGRAM (§§ 69-8-1 — 69-8-15) › Section 69-8-15 - Penalties for violations

(1)
Any collecting person, who fails to file a report or pay any assessment within the time required by the commissioner, shall remit to the council a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) for each month of delay, or fraction thereof, beginning the first month after the report was required to be filed or the assessment became due.
(2)
Any collecting person who makes a false claim shall be subject to a civil penalty of not more than One Thousand Dollars ($1,000.00) payable to the council.
(3)
Any collecting person required to pay an assessment as provided by this chapter, who refuses to allow full inspection of their records by the council, or who shall hinder or in any way delay or prevent the inspection of their records is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500.00).
Laws, 2005, ch. 429, § 8, eff. 3/21/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 9 - SOYBEAN PROMOTION BOARD (§§ 69-9-1 — 69-9-15) › Section 69-9-1 - Purpose of chapter

The purpose of this chapter is to promote the growth and development of the soybean industry in Mississippi by research, advertisement promotions and education and market development, thereby promoting the general welfare of the people of this state.
Codes, 1942, § 4575-231; Laws, 1970, ch. 265, § 1; brought forward without change, Laws, 2009, ch. 393, § 1, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 9 - SOYBEAN PROMOTION BOARD (§§ 69-9-1 — 69-9-15) › Section 69-9-3 - Creation, membership and organization of board

(1)
The Mississippi Soybean Promotion Board is hereby created, to be composed of twelve (12) members to be appointed by the Governor to serve terms of three (3) years, as hereinafter provided. All of the twelve (12) members of the board shall be producers of soybeans in the State of Mississippi. Within ten (10) days following June 1, 1970, each of the following organizations, namely, Mississippi Farm Bureau Federation, Inc., Mississippi Feed and Grain Association, Mississippi Soybean Association and Delta Council shall submit the names of six (6) soybean producers to the Governor, and he shall appoint three (3) members from the nominees of each organization to serve on the board on rotating three-year terms. The original board shall be appointed with members of each of the aforenamed organizations appointed as follows: one (1) for one (1) year, one (1) for two (2) years, and one (1) for three (3) years. Each year thereafter, not less than thirty (30) days prior to the expiration of the terms of expiring board members, the aforenamed organizations shall submit the names of three (3) nominees to the Governor and succeeding boards shall be appointed by the Governor in the same manner, giving equal representation to each organization. Vacancies which occur shall be filled in the same manner as the original appointments were made.
(2)
The members of the board shall meet and organize immediately after their appointment, and shall elect a chairman, vice chairman and secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by such officers or specifically designated by the board. The chairman, vice chairman and secretary-treasurer shall be bonded in an amount not less than Twenty Thousand Dollars ($20,000.00). The cost of said bonds shall be paid from the funds received under the provisions of this chapter. Such bond shall be a security for any illegal act of such member of the board and recovery thereon may be had by the state for any injury by such illegal act of such member. The board may establish rules and regulations for its own government and the administration of the affairs of the board.
Codes, 1942, § 4575-232; Laws, 1970, ch. 265, § 2; brought forward without change, Laws, 2009, ch. 393, § 2, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 9 - SOYBEAN PROMOTION BOARD (§§ 69-9-1 — 69-9-15) › Section 69-9-6 - Collection of assessment under Soybean Promotion, Research and Consumer Information Act; disposition of funds collected

(1)
The Department of Agriculture and Commerce is authorized to collect the assessment created by the Soybean Promotion, Research and Consumer Information Act administered by the United States Department of Agriculture on behalf of the Mississippi Soybean Promotion Board.
(2)
The department shall pay over to the Mississippi Soybean Promotion Fund, as established in Section
69-9-5
, all funds collected under this section. The State Fiscal Officer is authorized to issue warrants for the payment of monies from the proceeds of this fund upon requisition by the Mississippi Commissioner of Agriculture and Commerce, or his designee, in accordance with federal statutes governing this section.
(3)
The Mississippi Department of Agriculture and Commerce shall submit to the Soybean Promotion Board a budget detailing and justifying the administrative costs of the department in administering the provisions of this chapter, and such budget must be approved by the Soybean Promotion Board by April 1 of each year. The department is further authorized to retain an amount not to exceed three and one-half percent (3-1/2%) of the funds collected under the provisions of this section as administrative fees. The amount retained by the department must be approved by the Soybean Promotion Board by July 1 of each year. This amount may be retained from any funds collected on behalf of the Soybean Promotion Board, including those collected under the provisions of Section
69-9-5
.
(4)
The board shall make a report of all income and expenditures made annually and provide copies of such report to the department.
Laws, 1991, ch. 607 § 1; Laws, 1992, ch. 510, § 2; Laws, 2006, ch. 505, § 2, eff. 3/29/2006.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 9 - SOYBEAN PROMOTION BOARD (§§ 69-9-1 — 69-9-15) › Section 69-9-7 - Failure to file report or pay assessment; penalty

(1)
Any purchaser who fails to file a report or to pay any assessment within the time required by the department shall forfeit to the department a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) of such amount for each month of delay or fraction thereof after the first month after such report was required to be filed or such assessment became due. The penalty shall be paid to the department and shall be disposed of by it in the same manner as funds derived from the payment of the assessment imposed herein.
(2)
The department shall collect the penalties levied herein, together with the delinquent assessment, by any or all of the following methods:
(a)
By voluntary payment by the person liable.
(b)
By legal proceedings instituted in a court of competent jurisdiction.
(3)
Any person required to pay the assessment provided for in this chapter who fails to remit same or who refuses to allow full inspection of the premises, or such books, records or other documents relating to the liability of such person for the assessment herein imposed, or who shall hinder or in any way delay or prevent such inspection, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not to exceed one (1) year, or both.
(4)
The provisions of this chapter shall not apply to any person who purchases one thousand (1,000) or less bushels of soybeans in any calendar year, provided he is not regularly engaged in the purchase of soybeans.
Codes, 1942, § 4575-234; Laws, 1970, ch. 265, § 4; Laws, 1992, ch. 510, § 3; brought forward without change, Laws, 2009, ch. 393, § 4, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 9 - SOYBEAN PROMOTION BOARD (§§ 69-9-1 — 69-9-15) › Section 69-9-9 - Use of funds; annual report; penalty for failure to report

(1)
The Mississippi Soybean Promotion Board shall plan and conduct a program of research, education and advertising designed to promote the soybean industry in Mississippi and said board is authorized to use the funds derived from the assessment imposed herein for these purposes, including basic administration expenses of said plan. Use of these funds may be applied, as prescribed in this section, within or without the State of Mississippi, including regional, national and international research and promotional applications.
(2)
The funds may be expended only for the purposes set out in this chapter and shall be spent in no manner for political purposes. A report of all expenditures shall be made annually on December 31, with four (4) copies of the report to be filed and presented during regular sessions of the Mississippi Legislature with each of the following: the Chairman of the House of Representatives Agriculture Committee, the Chairman of the Senate Agriculture Committee, the Mississippi Department of Agriculture and Commerce and the State Auditor.
(3)
If the board fails to make an annual report in violation of the provisions of subsection (2) of this section, the board shall be subject to a fine of not more than Five Hundred Dollars ($500.00).
Codes, 1942, § 4575-235; Laws, 1970, ch. 265, § 5; Laws, 2009, ch. 393, § 5, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 9 - SOYBEAN PROMOTION BOARD (§§ 69-9-1 — 69-9-15) › Section 69-9-11 - Controlling effect of chapter

Notwithstanding the provisions of any laws or parts of laws in conflict herewith, the provisions of this chapter shall be controlling to the extent of the conflict.
Codes, 1942, § 4575-237; Laws, 1970, ch. 265, § 7; brought forward without change, Laws, 2009, ch. 393, § 6, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 9 - SOYBEAN PROMOTION BOARD (§§ 69-9-1 — 69-9-15) › Section 69-9-13 - State Tax Commission to assist department in collecting assessments

The State Tax Commission shall provide any information necessary to assist the Mississippi Department of Agriculture and Commerce in collecting the assessments provided for in this chapter.
Laws, 1992, ch. 510, § 4; brought forward without change, Laws, 2009, ch. 393, § 7, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 9 - SOYBEAN PROMOTION BOARD (§§ 69-9-1 — 69-9-15) › Section 69-9-15 - Commissioner authorized to audit Soybean Promotion Board; information to be included in audit; injunction for violations of chapter

(1)
The commissioner may conduct an audit of the board to verify compliance with any rules and regulations promulgated for the efficient enforcement of this chapter.
(2)
Under this section, the audited board shall provide information to the commissioner that verifies the amounts received and expended from the fees assessed and collected by the department and remitted to the board. Records maintained in the course of the normal conduct of business by the board may serve as verification.
(3)
The commissioner may apply for and the court may grant a temporary or permanent injunction on disbursements made to the board from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
Laws, 2009, ch. 393, § 8, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 10 - RICE PROMOTION BOARD (§§ 69-10-1 — 69-10-15) › Section 69-10-1 - Purpose

The purpose of this chapter is to promote the growth and development of the rice industry in Mississippi by research, advertisement promotions and education and market development, thereby promoting the general welfare of the people of this state.
Laws, 1981, ch. 384, § 1; brought forward without change, Laws, 2009, ch. 393, § 9, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 10 - RICE PROMOTION BOARD (§§ 69-10-1 — 69-10-15) › Section 69-10-2 - Mississippi Rice Promotion Board; membership; organization and administration

(1)
The Mississippi Rice Promotion Board is created, to be composed of twelve (12) members to be appointed by the Governor to serve terms of four (4) years, as hereinafter provided. All of the twelve (12) members of the board shall be producers of rice in the State of Mississippi. Within ten (10) days following March 9, 1995, the Mississippi Farm Bureau Federation, Inc., the Mississippi Rice Council for Market Development and the Delta Council shall each submit the names of six (6) rice producers to the Governor, and he shall appoint four (4) members from the nominees of each organization to serve on the board on rotating four-year terms. The original board shall be appointed with members of each of the aforenamed organizations appointed as follows: one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years and one (1) for four (4) years. Each year thereafter, not less than thirty (30) days before the expiration of the terms of expiring board members, the aforenamed organizations shall submit the names of four (4) nominees to the Governor and succeeding boards shall be appointed by the Governor in the same manner, giving equal representation to each organization. Vacancies which occur shall be filled in the same manner as the original appointments were made.
(2)
The members of the board shall meet and organize immediately after their appointment, and shall elect a chairman, vice chairman and secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by such officers or specifically designated by the board. The chairman, vice chairman and secretary-treasurer shall be bonded in an amount not less than Twenty Thousand Dollars ($20,000.00). The cost of the bonds shall be paid from the funds received under the provisions of Section
69-10-1
et seq. Such bond shall be a security for any illegal act of such member of the board and recovery thereon may be had by the state for any injury by such illegal act of such member. The board may establish rules and regulations for its own government and the administration of the affairs of the board.
Laws, 1995, ch. 310, § 1; brought forward without change, Laws, 2009, ch. 393, § 10, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 10 - RICE PROMOTION BOARD (§§ 69-10-1 — 69-10-15) › Section 69-10-3 - [Repealed]

[Laws, 1981, ch. 284, § 2].
Repealed by Laws of 1995, ch. 310, § 2, eff. 7/1/1995.
Laws, 1994, ch. 421, § 1.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 10 - RICE PROMOTION BOARD (§§ 69-10-1 — 69-10-15) › Section 69-10-7 - Penalties; exemption

(1)
Any purchaser who fails to file a report or to pay any assessment within the time required by the department shall forfeit to the department a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) of such amount for each month of delay or fraction thereof after the first month after such report was required to be filed or such assessment became due. The penalty shall be paid to the department and shall be disposed of by it in the same manner as funds derived from the payment of the assessment imposed herein.
(2)
The department shall collect the penalties levied herein, together with the delinquent assessment, by any or all of the following methods:
(a)
By voluntary payment by the person liable.
(b)
By legal proceedings instituted in a court of competent jurisdiction.
(3)
Any person required to collect the assessment provided for in this chapter who fails to remit same or who refuses to allow full inspection of the premises, or such books, records or other documents relating to the liability of such person for the assessment herein imposed, or who shall hinder or in any way delay or prevent such inspection, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not to exceed one (1) year, or both.
(4)
The provisions of this chapter shall not apply to any person who purchases one thousand (1,000) or less bushels of rice in any calendar year, provided he is not regularly engaged in the purchase of rice.
Laws, 1981, ch. 384, § 4; Laws, 1992, ch. 563, § 2; brought forward without change, Laws, 2009, ch. 393, § 12, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 10 - RICE PROMOTION BOARD (§§ 69-10-1 — 69-10-15) › Section 69-10-9 - Expenditure of funds; report of expenditures; penalty for failure to report

(1)
The Mississippi Rice Promotion Board shall plan and conduct a program of research, education and advertising designed to promote the rice industry in Mississippi. The board is authorized to use the funds derived from the assessment imposed herein for these purposes, including basic administration expenses of the plan; provided, however, that the avails of the additional One Cent (1¢) assessment imposed from and after July 1, 1991, shall be expended solely for programs of research to promote further development of the rice industry in this state. Use of these funds may be applied, as prescribed in this section, within or without the State of Mississippi, including regional, national and international research and promotional applications.
(2)
(a)
The Mississippi Legislature finds and declares that the factors which affect the ability of Mississippi rice farmers to market their crop are established by national and international forces in the world market. The Legislature further finds and declares that the expenditure of funds by the board for the purpose of influencing the development and implementation of national and international policy affecting the marketing of rice produced by Mississippi farmers is the expenditure of funds for a public purpose.
(b)
The board may expend a portion of the funds received and administered by the board for the purpose of influencing the development and implementation of national and international policy affecting the marketing of rice produced by Mississippi farmers.
(c)
The amount of funds expended by the board in each fiscal year for the purposes authorized in this subsection shall not exceed five percent (5%) of the budget of the board for that fiscal year.
(d)
The board shall not expend any funds for the purpose of influencing any political activity.
(3)
A report of all expenditures shall be made annually on December 31, with four (4) copies of the report to be filed and presented during regular sessions of the Mississippi Legislature with each of the following: the Chairman of the House of Representatives Agriculture Committee, the Chairman of the Senate Agriculture Committee, the Mississippi Department of Agriculture and Commerce and the State Auditor.
(4)
If the board fails to make an annual report in violation of the provisions of subsection (2) of this section, the board shall be subject to a fine of not more than Five Hundred Dollars ($500.00).
Laws, 1981, ch. 384, § 5; Laws, 1991, ch. 307 § 2; Laws, 1994, ch. 421, § 3; Laws, 2009, ch. 393, § 13, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 10 - RICE PROMOTION BOARD (§§ 69-10-1 — 69-10-15) › Section 69-10-11 - Provisions to be controlling

Notwithstanding the provisions of any laws or parts of laws in conflict herewith, the provisions of this chapter shall be controlling to the extent of the conflict.
Laws, 1981, ch. 384, § 6; brought forward without change, Laws, 2009, ch. 393, § 14, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 10 - RICE PROMOTION BOARD (§§ 69-10-1 — 69-10-15) › Section 69-10-13 - State Tax Commission to assist department in collecting assessments

The State Tax Commission shall provide any information necessary to assist the Department of Agriculture and Commerce in collecting the assessments provided for in this chapter.
Laws, 1992, ch. 563, § 3; brought forward without change, Laws, 2009, ch. 393, § 15, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 10 - RICE PROMOTION BOARD (§§ 69-10-1 — 69-10-15) › Section 69-10-15 - Commissioner authorized to audit Rice Promotion Board; information to be included in audit; injunction for violations of chapter

(1)
The commissioner may conduct an audit of the board to verify compliance with any rules and regulations promulgated for the efficient enforcement of this chapter.
(2)
Under this section, the audited board shall provide information to the commissioner that verifies the amounts received and expended from the fees assessed and collected by the department and remitted to the board. Records maintained in the course of the normal conduct of business by the board may serve as verification.
(3)
The commissioner may apply for and the court may grant a temporary or permanent injunction on disbursements made to the board from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
Laws, 2009, ch. 393, § 16, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 11 - SWINE (§§ 69-11-1 — 69-11-15) › Section 69-11-1 - Declaration of purpose

The purpose of this chapter is to eradicate and prevent the spread of contagious and infectious diseases of swine in the State of Mississippi through preventative methods based upon recommendations of leading veterinary medical authorities and animal disease research scientists to the effect that raw garbage keeps causative virus alive and the feeding of such garbage causes the spread of several contagious, infectious and deadly diseases of swine. Chief among these is hog cholera which is known to be spread among swine through the feeding of raw garbage. Trichinella infection in human population, foot and mouth disease, swine erysipelas, African swine fever, tuberculosis, brucellosis and other human and animal diseases have been associated with the feeding of garbage to swine. Since the production of swine is of great economic importance not only to the farmers of Mississippi but to the general economy of the state, it is deemed for the best interest and advancement of the agricultural economy and the general welfare of the State of Mississippi to prohibit the commercial feeding of garbage to swine from and after July 1, 1972.
Codes, 1942, § 4575-201; Laws, 1970, ch. 264, § 1, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 11 - SWINE (§§ 69-11-1 — 69-11-15) › Section 69-11-3 - Definition of terms

For the purpose of this chapter, the following words shall mean:
(a)
"Commissioner" shall mean the commissioner of agriculture and commerce.
(b)
"Person" means the state, any municipality, county, political subdivision, institution, individual, partnership, corporation or association.
(c)
"Garbage" means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods including animal and fowl carcasses or parts thereof.
(d)
"Swine" means hogs, pigs or shoats.
Codes, 1942, § 4575-202; Laws, 1970, ch. 264, § 2, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 11 - SWINE (§§ 69-11-1 — 69-11-15) › Section 69-11-5 - Feeding garbage to swine

(1)
It shall be unlawful for any person, municipality, county, political subdivision, governmental agency or department, institution, individual, partnership, corporation, association, other entity or organization to feed garbage to swine, except as permitted under subsection (2) of this section.
(2)
This chapter shall not apply to any person who feeds only household garbage to swine for household consumption only.
(3)
This chapter shall not apply to the Mississippi Department of Corrections. The department is authorized to feed to swine cooked garbage and vegetable refuse. The Mississippi Department of Corrections shall follow applicable state rules, regulations and guidelines that are equal to or exceed federal rules and regulations for cooking and feeding cooked garbage to swine. The Mississippi Department of Corrections may market and use for consumption swine that has been fed garbage.
Codes, 1942, §§ 4575-203, 4575-204; Laws, 1970, ch. 264, §§ 3, 4, eff. 7/1/1970; Laws, 2001, ch. 357, § 1, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 11 - SWINE (§§ 69-11-1 — 69-11-15) › Section 69-11-7 - Authority of commissioner and state veterinarian

The commissioner is hereby charged with the execution and enforcement of the provisions of this chapter and the state veterinarian shall have authority to exercise all of the powers vested in the commissioner in the enforcement of the provisions of this chapter and the rules and regulations promulgated hereunder.
Codes, 1942, § 4575-210; Laws, 1970, ch. 264, § 10, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 11 - SWINE (§§ 69-11-1 — 69-11-15) › Section 69-11-9 - Rules and regulations

The commissioner shall have power and authority to promulgate reasonable rules and regulations relating to the feeding of swine, the disposal of diseased and dead swine, and all other rules and regulations not in conflict with the provisions of this chapter designed to control and eradicate infectious and contagious diseases of swine as well as rules and regulations necessary to carry out the provisions of this chapter.
Codes, 1942, § 4575-211; Laws, 1970, ch. 264, § 11, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 11 - SWINE (§§ 69-11-1 — 69-11-15) › Section 69-11-11 - Inspection and investigation

The commissioner, the state veterinarian or any authorized employee of the department of agriculture and commerce shall have power and authority to enter upon any private or public property for the purpose of inspecting and investigating conditions relating to the feeding of swine to determine whether the requirements of this chapter are or are not being complied with and to inspect such premises for the purpose of eradicating and controlling contagious and infectious diseases of swine.
Codes, 1942, § 4575-208; Laws, 1970, ch. 264, § 8, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 11 - SWINE (§§ 69-11-1 — 69-11-15) › Section 69-11-13 - Quarantine powers

In addition to other quarantine powers now authorized by law, the commissioner, the state veterinarian, or any authorized employee of the state board of animal health are hereby authorized and empowered to quarantine any premises, area or enclosure on which swine are fed with garbage and no person shall move or allow to be moved any swine from any quarantined premises or areas except under conditions and requirements prescribed under rules and regulations promulgated by the commissioner. Quarantine notices and orders shall be served upon owners or persons having possession of swine in the manner now provided by law for quarantining premises on which diseased livestock are kept.
Codes, 1942, § 4575-209; Laws, 1970, ch. 264, § 9, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 11 - SWINE (§§ 69-11-1 — 69-11-15) › Section 69-11-15 - Penalty

Whoever violates this chapter shall be guilty of a misdemeanor and upon conviction in a court of competent jurisdiction shall be fined not less than Fifty Dollars ($50.00) nor more than Two Hundred Fifty Dollars ($250.00), and within the discretion of the court may also be imprisoned for a period not to exceed ninety (90) days. Any party violating the provisions of this law shall not be entitled to indemnity under the Cholera Indemnity Law of the State of Mississippi for any swine that have been found to have died from cholera during the period of such violation.
Codes, 1942, § 4575-213; Laws, 1970, ch. 264, § 13, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 13 - STOCK LAWS, ESTRAYS (§§ 69-13-1 — 69-13-339) › Article 1 - GENERAL STOCK LAW (§§ 69-13-1 — 69-13-27) › Section 69-13-3 - Election; ballots

The board of supervisors shall provide for the holding of elections under the provisions of this article in the same manner as now provided by law for holding special elections in the county and the ballots for such election shall have written or printed upon them the following:
"For State-Wide Stock Law ____________________
Against State-Wide Stock Law ____________________"
But the result of said election in any county shall in no wise affect the operation of the state-wide stock law in so far as it relates to hogs. When an election has been held in any county, then no other election shall be held in that county within twelve months.
Codes, 1942, § 4866; Laws, 1931, ch. 23.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 13 - STOCK LAWS, ESTRAYS (§§ 69-13-1 — 69-13-339) › Article 1 - GENERAL STOCK LAW (§§ 69-13-1 — 69-13-27) › Section 69-13-5 - Counties; excepted

The provisions of this article as to holding elections as provided in Section
69-13-1
, shall not apply in any county where or in which more than one-fourth of the total number of acres of land in such county, according to the federal farm census of 1930, are in actual cultivation, that is to say that in all counties in the state in which one-fourth of the land is in cultivation, according to the federal farm census of 1930, the provisions of the state-wide stock law shall be and remain in full force and effect.
Codes, 1942, § 4867; Laws, 1931, ch. 23.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 13 - STOCK LAWS, ESTRAYS (§§ 69-13-1 — 69-13-339) › Article 1 - GENERAL STOCK LAW (§§ 69-13-1 — 69-13-27) › Section 69-13-7 - Fences

If two or more adjoining counties shall at an election called pursuant to Section
69-13-1
, vote against the state-wide stock law, then in such case, no fence or other barrier along the boundary lines of such county shall be necessary. However, in the event that two or more counties shall at such an election vote against the state-wide stock law, but an adjoining county or counties shall elect to remain under the provisions of the state-wide stock law, then the county or counties voting against the state-wide stock law shall, at its or their own proper cost and expense, before the provisions hereof shall become effective in such county or counties, build and erect and maintain along the line or lines of such counties a good and substantial fence or other sufficient barrier to prevent the intrusion of all such livestock mentioned in Section
69-13-1
as are permitted by the provisions of said section in such county or counties voting against the state-wide stock law, over, on, and upon the territory of the county or counties remaining under the provisions of the state-wide stock law. The fence herein provided shall be a fence satisfactory to and prescribed by the board of animal health, but no cattle guard or other obstruction shall be constructed or placed on any state highway. However, any infested county must provide watchmen night and day at such points to prevent cattle from passing through the gap where county fences would cross state highways.
Codes, 1942, § 4865; Laws, 1931, ch. 23.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 13 - STOCK LAWS, ESTRAYS (§§ 69-13-1 — 69-13-339) › Article 1 - GENERAL STOCK LAW (§§ 69-13-1 — 69-13-27) › Section 69-13-9 - Lawful fence in open range counties defined

In open range counties all fences four feet high, in good repair, and substantially and closely built with rails, planks, pickets, hedges or other substantial material, or with wires or wires and plank are lawful fences; and lawful fences may be made by raising the ground into a ridge and erecting thereon a fence of rails, planks, pickets, hedges, wires, or planks and wires, or other substantial material so that the ridge and fence together be four feet high, and such material so used shall not be more than six inches apart.
Codes, 1942, § 4865-01; Laws, 1946, ch. 435, §§ 1, 2.