reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 19 - AGRICULTURAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 79-19-1 — 79-19-65) › Section 79-19-43 - Contracts and agreements with other associations

Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements, and contracts and arrangements with any other corporation, association or associations, formed in this or in any other state, for the cooperative or more economical carrying on of its business, or any part or parts thereof. Any two or more associations may, by agreement between them, unite in employing and using or may separately employ and use the same personnel, methods, means, and agencies for carrying on and conducting their respective businesses.
Codes, 1930, § 4120; 1942, § 4515; Laws, 1922, ch. 179.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 19 - AGRICULTURAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 79-19-1 — 79-19-65) › Section 79-19-45 - Association heretofore organized may adopt the provisions of this chapter

Any corporation or association organized under previously existing statutes, or any foreign corporation or association heretofore authorized by the laws of this state to do business in this state, or any foreign corporation or association organized under the laws of another state, may by a majority vote of its directors or members be brought under this chapter. It shall make out in duplicate a statement signed and sworn to by a majority of its directors, to the effect that the corporation or association has by a majority vote of its directors decided to accept the benefits and be bound by the provisions of this chapter. Articles of association shall be filed as required herein except that they shall be signed by a majority of the members of the board of directors. The filing fee shall be the same as for filing an amendment to articles of association.
Codes, 1930, § 4121; 1942, § 4516; Laws, 1922, ch. 179.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 19 - AGRICULTURAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 79-19-1 — 79-19-65) › Section 79-19-47 - How associations organized in another state may carry on business in this state

Any cooperative marketing association, organized under appropriate laws of any other state for the purposes and with the restrictions and limitations substantially the same as those set forth herein, may operate and do business in this state with all the rights, powers, and privileges granted to any cooperative marketing association incorporated under this chapter, upon compliance with any or either of the laws of this state regarding the qualification of foreign corporations, to carry on business within this state.
Codes, 1930, § 4122; 1942, § 4517; Laws, 1922, ch. 179.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 19 - AGRICULTURAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 79-19-1 — 79-19-65) › Section 79-19-49 - Misdemeanor; breach of marketing contract of cooperative association; spreading false reports about the finances or management thereof

Any person or persons or any corporation whose officers or employees knowingly induce or attempt to induce any member or stockholder of an association organized hereunder to breach his marketing contract with the association, or who knowingly spreads false reports about the finances or management thereof, shall be guilty of a misdemeanor and subject to a fine of not less than One Hundred Dollars ($100.00), and not more than One Thousand Dollars ($1,000.00), for such offense; and shall be liable to the association aggrieved in a civil suit in the penal sum of One Thousand Dollars ($1,000.00) for each such offense.
Codes, 1930, § 4123; 1942, § 4518; Laws, 1922, ch. 179.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 19 - AGRICULTURAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 79-19-1 — 79-19-65) › Section 79-19-51 - Associations not in restraint of trade

No association organized hereunder shall be deemed to be in violation of the anti-trust statutes of this state or a combination in restraint of trade or an illegal monopoly, nor in an attempt to lessen competition or fix prices arbitrarily; nor shall the marketing contracts or agreements between the association and its members or any agreements authorized in this chapter be considered illegal or in restraint of trade, or in violation of said anti-trust statutes of said state.
Codes, 1930, § 4124; 1942, § 4519; Laws, 1922, ch. 179.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 19 - AGRICULTURAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 79-19-1 — 79-19-65) › Section 79-19-53 - Exemptions

Each association organized hereunder shall be exempt from the payment of ad valorem taxes on agricultural products and products of farm, grove or garden produced by its members within the State of Mississippi.
Codes, 1930, § 4125; 1942, § 4520; Laws, 1922, ch. 179; Laws, 1936, ch. 328; Laws, 1954, ch. 151, § 2, eff. 5/1/1954.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 19 - AGRICULTURAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 79-19-1 — 79-19-65) › Section 79-19-55 - Filing fees

For filing articles of association and amendments to the articles, an association organized under this chapter shall pay to the Secretary of State Fifty Dollars ($50.00).
Codes, 1930, § 4126; 1942, § 4521; Laws, 1922, ch. 179; Laws, 1958, ch. 346, § 2, eff. 7/1/1958.
Amended by Laws, 2014, ch. 507, HB 914, 6, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 19 - AGRICULTURAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 79-19-1 — 79-19-65) › Section 79-19-57 - Cooperative marketing associations may maintain replevin

All cooperative marketing associations organized or doing business under the laws of the State of Mississippi may obtain the possession of personal property to the immediate possession of which they may be entitled, by the action of replevin, and the giving of this means of enforcement of rights shall not be in lieu, or in repeal, of any other rights or remedies now given to cooperative marketing associations under the laws of the State of Mississippi.
Codes, 1930, § 4127; 1942, § 4522; Laws, 1924, ch. 275.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 19 - AGRICULTURAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 79-19-1 — 79-19-65) › Section 79-19-59 - Liquidated damages may be recovered

If such cooperative marketing association recover judgment as plaintiff in replevin and the property sued for be agricultural products and the plaintiff's right to the possession thereof as against the defendant be by virtue of a marketing agreement with a member of such association and the defendant has bonded the property within two (2) days after its seizure in replevin, the plaintiff shall, in addition to the judgment now provided by law, recover as an element of damages, of the defendant and the sureties on his bond, for the wrongful taking and detention or the wrongful detention of the property, a sum equal to such damages as the plaintiff could have recovered of such member of the association as liquidated damages under the marketing agreement, for the breach thereof by wrongful detention or disposal of said property by the member.
Codes, 1930, § 4128; 1942, § 4523; Laws, 1934, ch. 275.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 19 - AGRICULTURAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 79-19-1 — 79-19-65) › Section 79-19-61 - Loan limited to 50 percent of capital and surplus

The total liability to any association organized or doing business under the terms of this chapter by a person, company, corporation, or firm for money loaned shall not exceed fifty percent (50%) of the aggregate paid in capital and surplus of said association. The discount of bills of exchange drawn in good faith, against actual existing values of loans made on time secured by warehouse receipts or bills of lading, or actually existing values, shall not be restricted to, or considered as coming within, such limitation of fifty percent (50%).
Codes, 1930, § 4129; 1942, § 4524; Laws, 1924, ch. 186.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 19 - AGRICULTURAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 79-19-1 — 79-19-65) › Section 79-19-63 - Stock in bank for cooperatives

All cooperative agricultural associations of any kind or character whatsoever, heretofore or hereafter organized under the laws of the State of Mississippi, are hereby authorized and empowered to purchase, or otherwise acquire, and to hold stock in the New Orleans Bank for Cooperatives and in the Central Bank for Cooperatives in accordance with the provisions of the Farm Credit Act of 1933 as heretofore amended and as it may hereafter be amended by the Congress of the United States.
All corporations, heretofore or hereafter organized under the laws of the State of Mississippi, which are eligible to borrow from production credit associations are hereby authorized and empowered to purchase, or otherwise acquire, and to hold stock in production credit associations in accordance with the provisions of the Farm Credit Act of 1933 as heretofore amended and as it may hereafter be amended by the Congress of the United States.
Codes, 1942, § 4525; Laws, 1934, ch. 276.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 19 - AGRICULTURAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 79-19-1 — 79-19-65) › Section 79-19-65 - Applicability of general nonprofit corporation laws to associations organized under this chapter

The general nonprofit corporation laws and all powers and rights under those laws apply to the associations organized under this chapter, except where such provisions are in conflict or inconsistent with the express provisions of this chapter.
Added by Laws, 2014, ch. 507, HB 914, 7, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › GENERAL PROVISIONS (§§ 79-21-1 — 79-21-21) › Section 79-21-1 - Title

This chapter shall be known and cited as the "Co-operative Aquatic Products Marketing Law."
Codes, 1942, § 4535-01; Laws, 1968, ch. 270, § 1, eff. 8/6/1968.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › GENERAL PROVISIONS (§§ 79-21-1 — 79-21-21) › Section 79-21-3 - Declaration of policy

In order to promote, foster and encourage the intelligent and orderly marketing of aquatic products through co-operation and to eliminate speculation and waste; and to make the distribution of aquatic products as direct as can be efficiently done between producer and consumer; and to stabilize the marketing of aquatic products; and to promote, foster and encourage the aquatic products industry in this state, this chapter is passed.
Codes, 1942, § 4535-02; Laws, 1968, ch. 270, § 2, eff. 8/6/1968.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › GENERAL PROVISIONS (§§ 79-21-1 — 79-21-21) › Section 79-21-5 - Definitions

As used in this chapter:
(a)
The term "member" shall include actual members of associations without capital stock and holders of common stock in associations organized with capital stock.
(b)
The term "person" shall include individuals, firms, partnerships, corporations and associations.
(c)
The term "association" means any association organized under the terms of this chapter.
(d)
The term "aquatic product" shall include all commercial products of aquatic life normally found in, or associated with, the fresh waters of the State of Mississippi, or the United States. It shall specifically include, but is not limited to, domesticated fish, fish of all species, and their byproducts, normally found in fresh water.
(e)
The term "commercial fishing" shall include all persons engaged totally or part-time in the business of catching or otherwise taking aquatic products from the fresh waters of the State of Mississippi, or the United States, for commercial purposes.
(f)
The term "domestic fish farming" shall include all persons engaged in the growing, managing, harvesting and/or marketing of domesticated fish as a cultivated crop in privately owned waters.
(g)
The term "domesticated fish" shall be understood to mean any fish that are spawned and grown, managed, harvested and marketed on an annual, semiannual, biennial, or short-term basis in privately owned waters.
(h)
The term "producer" shall mean any person engaged totally, or part-time, in the business of commercial fishing or domestic fish farming for the commercial purpose of providing aquatic products to consumers.
Codes, 1942, § 4535-03; Laws, 1968, ch. 270, § 3, eff. 8/6/1968.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › GENERAL PROVISIONS (§§ 79-21-1 — 79-21-21) › Section 79-21-7 - A supplementary law

This chapter shall not be construed to permit the catching or sale of any fish or other aquatic product which is otherwise prohibited by law from being caught or sold, but shall be supplementary thereto. This chapter is supplementary of and not amendatory or in alteration of any other laws for the accomplishment of any of the purposes herein set forth, and shall apply only to organizations created and operating hereunder. However, associations organized hereunder shall be deemed nonprofit, inasmuch as they are not organized to make profits for themselves, as such, or for their members, as such, but only for their members as producers.
Codes, 1942, § 4535-04; Laws, 1968, ch. 270, § 4, eff. 8/6/1968.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › GENERAL PROVISIONS (§§ 79-21-1 — 79-21-21) › Section 79-21-9 - Who may organize

Ten (10) or more persons who are residents of the State of Mississippi and engaged in the business of commercial fishing or domestic fish farming may form a nonprofit, cooperative association, with or without capital stock, under the provisions of this chapter.
Codes, 1942, § 4535-05; Laws, 1968, ch. 270, § 5, eff. 8/6/1968.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › GENERAL PROVISIONS (§§ 79-21-1 — 79-21-21) › Section 79-21-11 - Purposes

An association may be organized to engage in any activity in connection with the catching, growing, breeding, handling, shipping, or utilization, or moving or marketing of the byproducts thereof of aquatic products of every description, and with the marketing or selling of aquatic products of its members, or with the catching, harvesting, preserving, drying, processing, manufacturing, canning, packing, grading, storing, handling, shipping, or utilization thereof, or the manufacturing or marketing of the byproducts thereof; or in connection with the manufacturing, selling, or supplying to its members of machinery, equipment, or supplies; or in the financing of the above-enumerated activities; or in any one or more of the activities specified herein.
Codes, 1942, § 4535-06; Laws, 1968, ch. 270, § 6, eff. 8/6/1968.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › GENERAL PROVISIONS (§§ 79-21-1 — 79-21-21) › Section 79-21-15 - Members

(1)
Under the terms and conditions prescribed in its bylaws, an association may admit as members, or issue common stock or certificate of membership, only to persons engaged in commercial fishing or domestic fish farming who catch, take, grow, or otherwise obtain aquatic products to be handled by or through the association. Certificate of membership and common stock shall not be transferable, and no person shall acquire the same by operation of law or otherwise, except as provided herein.
(2)
If a member of a nonstock association be other than a natural person, such member may be represented by any individual, associate, officer, manager, or member thereof, duly authorized in writing.
(3)
All members engaged in commercial fishing shall be required to have receipts evidencing that they have paid in full all licensing requirements of the State of Mississippi with regard to their fishing operation, including licenses and fees required with regard to their equipment. A failure to pay for such licenses or fees, when required by statute, shall result in the automatic suspension of such member from the association until such licenses or fees are paid in full.
(4)
No member of any association organized under the terms of this chapter shall have more than one (1) vote, regardless of the amount of stock or membership capital he may own therein.
(5)
Except for debts lawfully contracted between him and the association, no member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his membership fee.
(6)
The first meeting of persons at interest, unless otherwise provided for, may be called by notice published in some convenient newspaper at least five (5) days before the time appointed for the meeting, which notice shall be signed by one or more persons named in the articles of association; and the meeting when assembled may proceed to organize the association.
Codes, 1942, §§ 4535-07, 4535-08; Laws, 1968, ch. 270, §§ 7, 8, eff. 8/6/1968.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › GENERAL PROVISIONS (§§ 79-21-1 — 79-21-21) › Section 79-21-17 - Articles of association

Each association formed under this chapter must prepare and file articles of association setting forth:
(a)
The name of the association.
(b)
The purposes for which it is formed.
(c)
The place where its principal business will be transacted.
(d)
The term for which it is to exist, not exceeding ninety-nine (99) years.
(e)
The number of directors thereof, which must not be less than five (5) and may be any number in excess thereof, and the term of office of such directors.
(f)
If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal; and if unequal, the articles shall set forth the general rule or rules applicable to all members by which property rights and interests, respectively, of each member may and shall be determined and fixed; and provision for the admission of new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules. This paragraph of the articles of association shall not be altered, amended, or repealed except by the written consent of the vote of three-fourths (3/4) of the members.
(g)
If organized with capital stock, the amount of such stock and the number of shares into which it is divided and the par value thereof. The capital stock may be divided into preferred and common stock. If so divided the articles of association must contain a statement of the number of shares of stock to which no preference is granted and the nature and definite extent of the preference and privileges granted to each.
The articles must be subscribed by the incorporators and acknowledged by one (1) of them before an officer authorized by the laws of this state to take and certify acknowledgments; and shall be filed and recorded in the office of the secretary of state.
Codes, 1942, § 4535-09; Laws, 1968, ch. 270, § 9, eff. 8/6/1968.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › GENERAL PROVISIONS (§§ 79-21-1 — 79-21-21) › Section 79-21-19 - General cooperative marketing association laws apply

The general co-operative marketing association laws of this state shall apply to all associations organized pursuant to this chapter. Subject to the foregoing provisions of this chapter, all associations organized pursuant to this chapter shall enjoy all of the rights and privileges of such general co-operative marketing association laws, and shall also be subject to their requirements, liabilities and penalties. To such extent the provisions of Chapter 19, Title 79, Mississippi Code of 1972, shall be construed to include associations organized under the provisions of this chapter. However, associations organized under the provisions of this chapter shall be limited to the marketing and distribution of aquatic products and their byproducts, as provided herein; and the general co-operative marketing association laws of this state shall not be construed so as to authorize associations organized under the provisions of this chapter to market or distribute to consumers products other than aquatic products and their byproducts, as provided herein.
Codes, 1942, § 4535-10; Laws, 1968, ch. 270, § 10, eff. 8/6/1968.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › GENERAL PROVISIONS (§§ 79-21-1 — 79-21-21) › Section 79-21-21 - [Repealed]

Repealed by Laws, 1990, ch. 345, § 1, eff. 3/12/1990.
Codes, 1942, § 4535-11; Laws, 1968, ch. 270, § 11.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › STATEWIDE FRESH AND SALT WATER CO-OPERATIVES (§§ 79-21-51 — 79-21-67) › Section 79-21-51 - Declaration of policy

In order to promote, foster and encourage the intelligent and orderly marketing of aquatic products through cooperation and to eliminate speculation and waste; to make the distribution of aquatic products as direct as can be efficiently done between producer and consumer; to stabilize the marketing of aquatic products; and to promote, foster and encourage the aquatic products industry in this state, Sections
79-21-51
through
79-21-67
are passed.
Laws, 1974, ch. 438, § 1, eff. 3/26/1974.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › STATEWIDE FRESH AND SALT WATER CO-OPERATIVES (§§ 79-21-51 — 79-21-67) › Section 79-21-53 - Definitions

As used in Sections
79-21-51
through
79-21-67
, Mississippi Code of 1972:
(a)
The term "member" shall include actual members of associations without capital stock and holders of common stock in associations organized with capital stock.
(b)
The term "person" shall include individuals, firms, partnerships, corporations and associations.
(c)
The term "association" means any association organized under the terms of Sections
79-21-51
through
79-21-67
, Mississippi Code of 1972.
(d)
The term "aquatic product" shall include all commercial products of aquatic life normally found in, or associated with, the salt waters of the State of Mississippi or the United States. It shall specifically include, but is not limited to, shellfish, domesticated fish, fish of all species, and their by-products, normally found in salt water.
(e)
The term "commercial fishing" shall include all persons engaged totally or part-time in the business of catching freezing, marketing, processing, transporting, wholesaling or otherwise involved in the utilization of aquatic products from the salt waters of the State of Mississippi or the United States for commercial purposes.
(f)
The term "domestic fish farming" shall include all persons engaged in the growing, managing, harvesting and/or marketing of domesticated fish or shellfish as a cultivated crop in privately owned or leased waters or submerged lands.
(g)
The term "domesticated fish" means any fish or shellfish that are spawned and grown, managed, harvested and marketed on an annual, semiannual, biennial, or short-term basis in privately owned or leased waters or submerged lands.
(h)
The term "producer" means any person engaged totally, or part-time, in the business of commercial fishing or domestic fish farming for the commercial purpose of providing aquatic products to consumers.
Laws, 1974, ch. 438, § 2; Laws, 1990, ch. 427, § 1, eff. 3/15/1990.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › STATEWIDE FRESH AND SALT WATER CO-OPERATIVES (§§ 79-21-51 — 79-21-67) › Section 79-21-55 - Construction of Sections 79-21-51 through 79-21-67

Sections
79-21-51
through
79-21-67
shall not be construed to permit the catching or sale of any fish or other aquatic product which is otherwise prohibited by law from being caught or sold, but shall be supplementary thereto. These sections are supplementary of and not amendatory or in alteration of any other laws for the accomplishment of any of the purposes herein set forth, and shall apply only to organizations created and operating hereunder. However, associations organized hereunder shall be deemed nonprofit, inasmuch as they are not organized to make profits for themselves, as such, or for their members, as such, but only for their members as producers.
Laws, 1974, ch. 438, § 3, eff. 3/26/1974.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › STATEWIDE FRESH AND SALT WATER CO-OPERATIVES (§§ 79-21-51 — 79-21-67) › Section 79-21-57 - Who may organize

Ten (10) or more persons who are residents of the State of Mississippi and engaged in the business of commercial fishing or domestic fish farming may form a nonprofit, cooperative association, with or without capital stock, under the provisions of Sections
79-21-51
through
79-21-67
.
Laws, 1974, ch. 438, § 4, eff. 3/26/1974.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › STATEWIDE FRESH AND SALT WATER CO-OPERATIVES (§§ 79-21-51 — 79-21-67) › Section 79-21-59 - Purposes

An association may be organized to engage in any activity in connection with the catching, growing, breeding, handling, shipping, or utilization, or moving or marketing of the byproducts thereof of aquatic products of every description, and with the marketing or selling of aquatic products of its members, or with the catching, harvesting, preserving, drying, processing, manufacturing, canning, packing, grading, storing, handling, shipping, or utilization thereof, or the manufacturing or marketing of the byproducts thereof; or in connection with the manufacturing, selling, or supplying to its members of machinery, equipment, or supplies; or in the financing of the above-enumerated activities; or in any one or more of the activities specified herein.
Laws, 1974, ch. 438, § 5, eff. 3/26/1974.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › STATEWIDE FRESH AND SALT WATER CO-OPERATIVES (§§ 79-21-51 — 79-21-67) › Section 79-21-63 - Members

(1)
Under the terms and conditions prescribed in its bylaws, an association may admit as members, or issue common stock or certificate of membership, only to persons engaged in commercial fishing or domestic fish farming who catch, take, grow or otherwise obtain aquatic products to be handled by or through the association. Certificate of membership and common stock shall not be transferable and no person shall acquire the same by operation of law or otherwise, except as provided herein.
(2)
If a member of a nonstock association be other than a natural person, such member may be represented by an individual, associate, officer, manager or member thereof, duly authorized in writing.
(3)
All members engaged in commercial fishing shall be required to have receipts evidencing that they have paid in full all licensing requirements of the State of Mississippi with regard to their fishing operation, including licenses and fees required with regard to their equipment. A failure to pay for such licenses or fees, when required by statute, shall result in the automatic suspension of such member from the association until such licenses or fees are paid in full.
(4)
No member of any association organized under the terms of Sections
79-21-51
through
79-21-67
shall have more than one (1) vote, regardless of the amount of stock or membership capital he may own therein.
(5)
Except for debts lawfully contracted between him and the association, no member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his membership fee.
(6)
The first meeting of persons at interest, unless otherwise provided for, may be called by notice published in some convenient newspaper at least five (5) days before the time appointed for the meeting, which notice shall be signed by one or more persons named in the articles of association; and the meeting when assembled may proceed to organize the association.
Laws, 1974, ch. 438, § 7, eff. 3/26/1974.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › STATEWIDE FRESH AND SALT WATER CO-OPERATIVES (§§ 79-21-51 — 79-21-67) › Section 79-21-65 - Articles of association

Each association formed under Sections
79-21-51
through
79-21-67
must prepare and file articles of association setting forth:
(a)
The name of the association.
(b)
The purposes for which it is formed.
(c)
The place where its principal business will be transacted.
(d)
The term for which it is to exist, not exceeding ninety-nine (99) years.
(e)
The number of directors thereof, which must not be less than five (5) and may be any number in excess thereof, and the term of office of such directors.
(f)
If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal; and if unequal, the articles shall set forth the general rule or rules applicable to all members by which property rights and interests, respectively, of each member may and shall be determined and fixed; and provision for the admission of new members who shall be entitled to share in the property of the association with the old members in accordance with such general rule or rules. This paragraph of the articles of association shall not be altered, amended or repealed except by the written consent of the vote of three-fourths (3/4) of the members.
(g)
If organized with capital stock, the amount of such stock and the number of shares into which it is divided and the par value thereof. The capital stock may be divided into preferred and common stock. If so divided, the articles of association must contain a statement of the number of shares of stock to which no preference is granted and the nature and definite extent of the preference and privileges granted to each.
The articles must be subscribed by the incorporators and acknowledged by one (1) of them before an officer authorized by the laws of this state to take and certify acknowledgements; and shall be filed and recorded in the office of the secretary of state.
Laws, 1974, ch. 438, § 8, eff. 3/26/1974.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 21 - AQUATIC PRODUCTS MARKETING ASSOCIATION (§§ 79-21-1 — 79-21-67) › STATEWIDE FRESH AND SALT WATER CO-OPERATIVES (§§ 79-21-51 — 79-21-67) › Section 79-21-67 - General cooperative marketing association laws apply

The general cooperative marketing association laws of this state shall apply to all associations organized pursuant to Section
79-21-51
through
79-21-67
. Subject to the foregoing provisions of Sections
79-21-51
through
79-21-67
, all associations organized pursuant to these sections shall enjoy all of the rights and privileges of such general cooperative marketing association laws, and shall also be subject to their requirements, liabilities and penalties. To such extent the provisions of Chapter 19, Title 79, shall be construed to include associations organized under the provisions of Sections
79-21-51
through
79-21-67
. However, associations organized under the provisions of Sections
79-21-51
through
79-21-67
shall be limited to the marketing and distribution of aquatic products and their byproducts, as provided herein; and the general cooperative marketing association laws of this state shall not be construed so as to authorize associations organized under the provisions of Sections
79-21-51
through
79-21-67
to market or distribute to consumers products other than aquatic products and their byproducts, as provided herein.
Laws, 1974, ch. 438, § 9, eff. 3/26/1974.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 22 - MISSISSIPPI AQUACULTURE ACT OF 1988 (§§ 79-22-1 — 79-22-35) › Section 79-22-1 - Short title

This chapter shall be known and may be cited as the Mississippi Aquaculture Act of 1988.
Laws, 1988, ch. 481, § 1, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 22 - MISSISSIPPI AQUACULTURE ACT OF 1988 (§§ 79-22-1 — 79-22-35) › Section 79-22-3 - Legislative purpose

The Legislature recognizes that aquaculture is the fastest growing segment of the United States agriculture industry and declares that it is the intent of this legislation to effectively encourage and support United States citizens in expanded and new growth of aquaculture in this state while conserving and enhancing aquatic resources and providing mechanisms for increasing aquaculture production which will lead to the creation of new industries, job opportunities, income for aquaculturists, tax revenues and other benefits to this state.
Laws, 1988, ch. 481, § 2; Laws, 1993, ch. 457, § 1, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 22 - MISSISSIPPI AQUACULTURE ACT OF 1988 (§§ 79-22-1 — 79-22-35) › Section 79-22-5 - Definitions

For the purpose of this chapter unless the context clearly requires otherwise:
(a)
"Aquaculture" means any form of agriculture that includes the process of growing, farming, cultivating and/or harvesting cultured aquatic products in marine or freshwaters and includes management by an aquaculturist.
(b)
"Aquaculturist" is a person who is engaged in the cultivating of cultured aquatic products.
(c)
"Aquaculture facility" means any facility or resources that are used for aquaculture activities and operations in Mississippi.
(d)
"Cultured aquatic products" are marine or freshwater plants and animals that are propagated, farmed or cultivated in an aquaculture facility under the supervision and management of an aquaculturist or that are naturally produced in an aquaculture facility which at the time of production are under the active supervision and management of an aquaculturist.
(e)
"Department" means the Department of Agriculture and Commerce.
(f)
A "cultivation permit" is a permit issued by the department applicable to design criteria to prevent release of certain cultured aquatic products from an aquaculture facility into the environment.
(g)
A "marketing permit" is a permit issued by the department to provide a mechanism for tracing certain marketed and cultured aquatic products to verify that they were cultured in an aquaculture facility and were not harvested from wild stocks and to prevent the release of undesirable species into the environment.
Laws, 1988, ch. 481, § 3; Laws, 1991, ch. 530, § 3; Laws, 1993, ch. 457, § 2, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 22 - MISSISSIPPI AQUACULTURE ACT OF 1988 (§§ 79-22-1 — 79-22-35) › Section 79-22-7 - Marketing permit, generally

All currently recognized native aquatic plants, animals and nongame fish may be freely produced and marketed by an aquaculturist unless specifically regulated elsewhere. If a marketing permit is needed to aid in selling such cultured aquatic products in other states or countries, then the department shall issue such a permit when requested by an aquaculturist.
Laws, 1988, ch. 481, § 4, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 22 - MISSISSIPPI AQUACULTURE ACT OF 1988 (§§ 79-22-1 — 79-22-35) › Section 79-22-9 - Cultivation and marketing permit necessary for certain aquatic products; requirements for issuance of permit

(1)
An aquaculturist shall obtain a cultivation and marketing permit for cultured aquatic products produced from the following aquatic plants and animals:
(a)
All nonnative aquatic plants and animals, including those that are well established in limited or extensive areas of natural lakes, rivers and streams in this state;
(b)
Fish classified as game fish in Mississippi; however, except as authorized in subsection (2), the department shall not issue any such permits for the following game fish: black bass, bream, crappie, flathead catfish, walleye and all members of the family Centrarchidae and Percidae;
(c)
Endangered, threatened or protected species;
(d)
Any aquatic plants or animals which have been genetically modified or are to be genetically modified by means other than breeding and crossbreeding.
(2)
Former subsection (2) shall stand repealed from and after July 1, 2003.
(3)
The department shall not issue the permits required in this section until the department approves the proposed aquaculture facility design or the actual facility and such permits shall only be issued to citizens of the United States. The department shall inspect the aquaculture facility prior to the introduction of the aquatic products to be cultured to insure compliance with the approved permit specifications. The department may also conduct periodic inspections of all facilities engaged in the propagation of nonnative species to insure that operational activities comply with approved permit specifications. All required permits shall be renewed annually. For a resident of Mississippi, the fee for a marketing or cultivation permit shall not exceed One Hundred Dollars ($100.00) for each species of aquatic products produced. The fee for a marketing or cultivation permit issued to a nonresident of Mississippi shall equal the amount imposed by the nonresident's state for such permit on a resident of Mississippi.
Laws, 1988, ch. 481, § 5; Laws, 1993, ch. 457, § 3; Laws, 1997, ch. 370, § 1; Laws, 1998, ch. 384, § 1; Laws, 2000, ch. 348, § 1, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 22 - MISSISSIPPI AQUACULTURE ACT OF 1988 (§§ 79-22-1 — 79-22-35) › Section 79-22-11 - Withholding permit

By withholding a culture and/or marketing permit, the department may prohibit the aquaculturing of any species at any location if the department determines it would be detrimental to the public interest and presents its determination in writing with supporting justification.
Laws, 1988, ch. 481, § 6, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 22 - MISSISSIPPI AQUACULTURE ACT OF 1988 (§§ 79-22-1 — 79-22-35) › Section 79-22-13 - Nonrenewal of permit

Failure by an aquaculturist to provide any information required by the department to verify that cultured aquatic products are produced under controlled aquacultural conditions and are not harvested from native wild stock shall result in nonrenewal, suspension or cancellation of the permit. The department is authorized, subject to the requirements set forth in the Mississippi Administrative Procedures Law, to promulgate reasonable rules and regulations to carry out the provisions of this chapter. Other state agencies, at the request of the department, shall assist in the promulgation of such regulations by providing technical expertise or such other assistance as, in the department's discretion, may be required.
Laws, 1988, ch. 481, § 7; Laws, 1993, ch. 457, § 4, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 22 - MISSISSIPPI AQUACULTURE ACT OF 1988 (§§ 79-22-1 — 79-22-35) › Section 79-22-15 - Issuance of permits for taking of game fish for brood stock; promulgation of regulations; issuance of cultivation and marketing permits; inspections

(1)
The Department of Wildlife, Fisheries and Parks may issue permits to obtain game fish for use as brood stock in accordance with regulations promulgated by the Department of Wildlife, Fisheries and Parks.
(2)
In promulgating these regulations for game fish used for brood stock, the Commission on Wildlife, Fisheries and Parks may specify that a permittee:
(a)
Obtain a temporary variance permit from the department;
(b)
Provide compensation for each fish taken for brood stock as established by the department and outlined in the permit; and
(c)
Shall not sell or transport out of the state brood fish taken from state waters.
(3)
The Department of Wildlife, Fisheries and Parks shall not permit the collecting of wild brood stock in any waters where the wildlife department determines that the collection is not in the long-term best interest of the resource.
(4)
The Department of Marine Resources may issue permits to obtain estuarine and marine brood stock. The commission may promulgate regulations for such permits and may require a permittee to meet any requirements listed in subsection (2).
(5)
The Commission on Wildlife, Fisheries and Parks and the Commission on Marine Resources may promulgate regulations which specify design criteria to protect the resources within their jurisdiction and to prevent the release of undesirable species from an aquaculture facility into the environment. The Department of Wildlife, Fisheries and Parks and the Department of Marine Resources may advise the Department of Agriculture and Commerce in issuing cultivation and marketing permits. The permits shall be issued in accordance with the applicable regulations. The Department of Wildlife, Fisheries and Parks, the Department of Marine Resources or the Department of Agriculture and Commerce may inspect operations licensed by cultivation and marketing permits. Any violations of the regulations promulgated by the Commission on Wildlife, Fisheries and Parks or the Commission on Marine Resources shall be punishable as provided in Section
79-22-29
.
Laws, 1988, ch. 481, § 8; Laws, 1991, ch. 530, § 4; Laws, 1999, ch. 337, § 1, eff. 3/12/1999.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 22 - MISSISSIPPI AQUACULTURE ACT OF 1988 (§§ 79-22-1 — 79-22-35) › Section 79-22-17 - Building requirements

The department shall issue a cultivation permit for any aquaculture facility located, in whole or in part, in the Mississippi Sound, the Gulf of Mexico, or bays or estuaries thereof at such time that such facility complies with all state and federal requirements to protect marine resources.
Laws, 1988, ch. 481, § 9; Laws, 1993, ch. 457, § 5, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 22 - MISSISSIPPI AQUACULTURE ACT OF 1988 (§§ 79-22-1 — 79-22-35) › Section 79-22-19 - and 79-22-21 - [Repealed]

Repealed by Laws, 1993, ch. 457, § 10, eff. 7/1/1993.
§ 79-22-19. [Laws, 1988, ch. 481, § 10] § 79-22-21. [Laws, 1988, ch. 481, § 11]
Mississippi Code 1972 (2023) › Title 79 - CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS (§§ 79-1-1 — 79-37-604) › Chapter 22 - MISSISSIPPI AQUACULTURE ACT OF 1988 (§§ 79-22-1 — 79-22-35) › Section 79-22-23 - Leasing waters; aquaculture lease management program

(1)
The Secretary of State, upon recommendation of the Mississippi Department of Marine Resources and the Mississippi Department of Environmental Quality may lease waters as provided by Section
29-1-107
, Mississippi Code of 1972, within the jurisdiction of the state to a person for aquaculture or the production of aquatic products. The Department of Marine Resources is authorized to develop a marine aquaculture lease management program and may adopt such rules and regulations as may be necessary to implement the marine aquaculture lease management program and to regulate the growth of aquaculture.
(2)
All state and governmental entities that are involved in the regulation and enforcement of marine aquaculture activities or related activities shall develop a coordinated procedure for one-stop permitting applicable to marine aquaculture activities. One-stop permitting is defined as a procedure that allows an aquaculturist to fill out a joint application form and deposit it with any of the aforementioned governmental agencies. The receiving agency shall forward the joint application or copies of it to the appropriate entities for review and expeditious action. The one-stop permitting procedure document shall state the time schedules for review and action by the applicable agencies after the permit has been received and dated.
Laws, 1988, ch. 481, § 12; Laws, 1993, ch. 457, § 6; Laws, 1999, ch. 337, § 2, eff. 3/12/1999.