reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 23 - MISSISSIPPI PESTICIDE LAW (§§ 69-23-1 — 69-23-301) › PESTICIDE APPLICATION (§§ 69-23-101 — 69-23-135) › Section 69-23-133 - Advisory committee

The commissioner shall appoint an advisory committee, and by regulation establish the composition of the committee to include representatives from the agriculture, agribusiness and related industries.
The purpose of the committee shall be to advise and assist the commissioner in developing regulations and plans for implementing the provisions of Sections
69-23-101
through
69-23-135
and a pesticide regulatory program to meet the requirements of FIFRA.
Laws, 1975, ch. 318, § 17; Laws, 2005, ch. 533, § 34, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 23 - MISSISSIPPI PESTICIDE LAW (§§ 69-23-1 — 69-23-301) › PESTICIDE APPLICATION (§§ 69-23-101 — 69-23-135) › Section 69-23-135 - Penalties

(1)
(a)
Any person violating any of the provisions of this chapter or the rules and regulations issued under this chapter at a minimum is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than one (1) year or by both such fine and imprisonment at the discretion of the court having jurisdiction.
(b)
Each violation and each day's violation for continuing acts shall constitute a separate offense.
(c)
Any person violating any of the provisions of this chapter or the rules and regulations issued under this chapter in such a way that causes harm or poses a threat to man, animals or the environment is guilty of a felony and, upon conviction, shall be punished by a fine of not more than Twenty-Five Thousand Dollars ($25,000.00) or by imprisonment in the State Penitentiary for a term of not more than twenty (20) years or by both such fine and imprisonment for each violation.
(2)
Each violation of this chapter or the rules and regulations issued under this chapter shall subject the violator to administrative action as provided for in Sections
69-25-51
through
69-25-63
.
Laws, 1997, ch. 449, § 2; Laws, 2005, ch. 533, § 35, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 23 - MISSISSIPPI PESTICIDE LAW (§§ 69-23-1 — 69-23-301) › MISSISSIPPI WASTE PESTICIDE DISPOSAL ACT OF 1993 [Repealed] (§ 69-23-301) › Section 69-23-301 - through 69-23-313 - [Repealed]

Repealed by Laws of 1993, ch. 613, § 8, eff. 7/1/1998.
Laws, 1993, ch. 613, §§ 1 to 5, 7, 8, eff. 4/12/1993.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 24 - FERTILIZING MATERIALS AND ADDITIVES (§§ 69-24-1 — 69-24-27) › Section 69-24-1 - Short title

This chapter shall be known as the "Mississippi Soil and Plant Amendment Law of 1978".
Laws, 1978, ch. 322, § 1, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 24 - FERTILIZING MATERIALS AND ADDITIVES (§§ 69-24-1 — 69-24-27) › Section 69-24-3 - Administration

This chapter shall be administered by the commissioner of agriculture and commerce of the State of Mississippi, hereinafter referred to as the commissioner, and the State Chemist of Mississippi, as specified in the following sections.
Laws, 1978, ch. 322, § 2, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 24 - FERTILIZING MATERIALS AND ADDITIVES (§§ 69-24-1 — 69-24-27) › Section 69-24-9 - Registration of each separate soil or plant amendment product

(1)
Each separately identified product shall be registered before being distributed in this state. The application for registration shall be submitted to the commissioner and State Chemist on the form furnished or approved by the commissioner and shall be accompanied by a fee of Twenty-five Dollars ($25.00) per product. Upon approval by the commissioner and State Chemist, a copy of the registration shall be furnished to the applicant. All registrations expire on June 30, following registration. Each manufacturer shall submit to the commissioner and State Chemist copies of labels and advertising literature with the registration request for each soil or plant amendment.
(2)
A distributor shall not be required to register any brand of soil or plant amendment which is already registered under this chapter by another person, providing the label and labeling do not differ in any respect.
(3)
Before registering any soil or plant amendment, the commissioner and State Chemist may require evidence to substantiate the claims made for the soil or plant amendment and proof of the value and usefulness of the soil or plant amendment as in Section
69-24-7(3), (4)
.
(4)
The commissioner and State Chemist may, by regulation, set the minimum amount of any soil or plant amending ingredients that must be present before a soil or plant amendment can be registered and sold.
(5)
If the application for renewal of the soil or plant amendment registration provided for in this section is not filed prior to July 1 of any one year, a penalty of Twenty-five Dollars ($25.00) shall be assessed and added to the original fee and shall be paid by the applicant before the renewal soil or plant amendment registration shall be issued; provided, however, that such penalty shall not apply if the applicant furnishes an affidavit that he has not distributed this soil or plant amendment subsequent to the expiration of his prior registration.
Laws, 1978, ch. 322, § 5, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 24 - FERTILIZING MATERIALS AND ADDITIVES (§§ 69-24-1 — 69-24-27) › Section 69-24-11 - Refusal or cancellation of registration; hearing

The commissioner and State Chemist are authorized and empowered to refuse registration of a soil or plant amendment if they find the brand of soil or plant amendment violates any section of this chapter or the rules and regulations promulgated under this chapter. The commissioner and State Chemist are authorized and empowered to cancel the registration of any brand of soil or plant amendments upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of this chapter, or any rules or regulations promulgated thereunder; provided, that no registration shall be revoked until the registrant shall have been given the opportunity to appear for a hearing by the commissioner and State Chemist.
Laws, 1978, ch. 322, § 6, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 24 - FERTILIZING MATERIALS AND ADDITIVES (§§ 69-24-1 — 69-24-27) › Section 69-24-13 - Inspection fees; tonnage payments; penalties; disclosure of information

(1)
There shall be paid to the commissioner for all soil or plant amendments distributed in this state an inspection fee of Thirty-five Cents ($.35) per ton. However, products sold in packages of ten (10) pounds or less or one (1) gallon or less shall be subject to an annual inspection fee of Fifty Dollars ($50.00) in lieu of the Thirty-five Cents ($.35) per ton fee. The annual inspection fee shall be paid upon date of registration.
(2)
Every person who distributes a soil or plant amendment in the state shall file with the commissioner, on forms furnished by him, an annual statement setting forth the number of net tons of each soil or plant amendment distributed in the state during the previous year. The statement shall be due within thirty (30) days following the reporting year. The statement shall be accompanied by a payment of the inspection fee at the rate of Thirty-five Cents ($.35) per ton, except as specified in subsection (1) of this section.
(3)
When more than one (1) distributor is involved in the distribution of a soil or plant amendment product, the last registrant who distributes to a nonregistrant (dealer or consumer) is responsible for reporting the tonnage and paying the inspection fees unless the reporting and paying of fees has been made by a prior distributor of the soil or plant amendment product. If the statement is not filed or is filed falsely, or the inspection fee is not paid within thirty (30) days following the reporting year, the commissioner and State Chemist may revoke the registration of the products and a penalty of Ten Dollars ($10.00) per day for each subsequent day shall be assessed against the registrant. The inspection fee and the penalty shall constitute a debt and become the basis for a judgment against the registrant, which may be collected by the commissioner and in any court of competent jurisdiction without prior demand.
(4)
The statement required by this section shall not be a public record, and it shall be a misdemeanor for any person to divulge any information given in the statement which would reveal the business operations of a person or registrant filing the statement; provided, however, that nothing contained in this subsection shall be construed to prevent or make unlawful the use of information concerning the business operation of any registrant in any action, suit, or proceeding instituted under this chapter, including any civil action for collection of unpaid inspection fees, which action is hereby authorized and which shall be as an action at law in the name of the commissioner.
(5)
All fees paid to the commissioner for registration, inspection, or penalties for product deficiencies shall be deposited into the General Fund account of the State of Mississippi.
Laws, 1978, ch. 322, § 7, eff. 7/1/1978.
Amended by Laws, 2018, ch. 305, SB 2457,§ 1, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 24 - FERTILIZING MATERIALS AND ADDITIVES (§§ 69-24-1 — 69-24-27) › Section 69-24-15 - Sampling, inspection and analysis

(1)
It is the duty of the commissioner and State Chemist, who may act through their duly authorized agents, to sample, inspect, make analyses of, and test soil or plant amendments distributed within the State of Mississippi at any time and place, and to such an extent they may deem necessary to determine whether such soil or plant amendments are in compliance with the provisions of this chapter. The commissioner, individually or through his agents, is authorized to enter upon any public or private premises of carriers during regular business hours in order to have access to soil or plant amendments subject to provisions of the chapter and the rules and regulations pertaining thereto, and to the records relating to their distribution.
(2)
The methods of analysis and sampling shall be those adopted by the State Chemist from sources such as the Association of Official Analytical Chemists, or other sources acceptable to the State Chemist.
(3)
The results of official analyses of soil or plant amendments and portions of official samples shall be distributed by the State Chemist as provided by regulation.
Laws, 1978, ch. 322, § 8, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 24 - FERTILIZING MATERIALS AND ADDITIVES (§§ 69-24-1 — 69-24-27) › Section 69-24-17 - Penalties for deficient analysis; determination of commercial values

(1)
If the analysis shall show that any soil or plant amendment falls short of the guaranteed analysis in any one (1) soil or plant amending ingredient, or in total soil or plant amending ingredients, beyond "investigational allowances" as established by regulation, a penalty of three (3) times the commercial value of such deficiency shall be assessed against the registrant by the commissioner on all the products represented by the sample analyzed.
(2)
All penalties assessed under this section shall be paid to the commissioner within thirty (30) days after the date of notice to the registrant from the Department of Agriculture and Commerce. The commissioner shall deposit the amount of the penalty into the General Funds account of the State Treasury.
(3)
Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification of such penalties imposed under subsection (1) and (2) above.
(4)
The penalties payable in subsections (1) and (2) above shall in no manner be construed as limiting the consumer's right to bring a civil action in damage against the registrant paying said civil penalties.
(5)
For the purpose of determining commercial values to be applied under the provisions of this section, the commissioner shall determine from the registrant's sales invoice the values charged for the soil or plant amending ingredients. If no invoice is available or if the invoice fails to provide sufficient information, the commissioner may use other methods to determine values. The values so determined shall be used in determining and assessing penalties.
Laws, 1978, ch. 322, § 9, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 24 - FERTILIZING MATERIALS AND ADDITIVES (§§ 69-24-1 — 69-24-27) › Section 69-24-19 - Misbranding

No person shall distribute a misbranded soil or plant amendment. A soil or plant amendment shall be deemed to be misbranded if:
(a)
its labeling is false or misleading in any particular;
(b)
if it is distributed under the name of another soil or plant amendment;
(c)
if it is not labeled as required in Sections
69-24-7
and
69-24-9
and in accordance with regulations prescribed under this chapter;
(d)
if it purports to be or is represented as a soil or plant amendment or represented as containing a soil or plant amendment, unless such soil or plant amendment conforms to the definitions of identity, if any, prescribed by regulation. In the adopting of such regulations, the commissioner and State Chemist shall give due regard to commonly accepted definitions and official terms such as those issued by the Association of American Plant Food Control Officials; or
(e)
if it does not conform to ingredient form, minimums, labeling and investigational allowances in the regulations adopted by the commissioner and State Chemist.
Laws, 1978, ch. 322, § 10, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 24 - FERTILIZING MATERIALS AND ADDITIVES (§§ 69-24-1 — 69-24-27) › Section 69-24-21 - Adulteration

No person shall distribute an adulterated soil or plant amendment. A soil or plant amendment shall be deemed to be adulterated if:
(a)
it contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant, human, animal or aquatic life when applied in accordance with directions for use on the label, or if adequate warning statements and directions for use, which may be necessary to protect plant, human, animal or aquatic life are not shown upon the label;
(b)
if its composition falls below or differs from that which it is purported to possess by its labeling; or
(c)
if it contains unwanted crop or weed seed, or primary noxious or secondary noxious weed seed.
Laws, 1978, ch. 322, § 11, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 24 - FERTILIZING MATERIALS AND ADDITIVES (§§ 69-24-1 — 69-24-27) › Section 69-24-23 - "Stop sale, use or removal" orders

The commissioner may issue and enforce a written or printed "stop sale, use or removal" order to the owner or custodian of any lot of soil or plant amendment and to hold at a designated place, when the commissioner finds said soil or plant amendment is offered or exposed for sale in violation of any of the provisions of this chapter, until the law has been complied with and said soil or plant amendment is released in writing by the commissioner, or said violation has been otherwise legally disposed of by written authority. The commissioner shall release the soil or plant amendment so withdrawn when the requirements of the provisions of the chapter have been complied with and all costs and expenses incurred in connection with the withdrawal from sale have been paid.
Laws, 1978, ch. 322, § 12, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 24 - FERTILIZING MATERIALS AND ADDITIVES (§§ 69-24-1 — 69-24-27) › Section 69-24-25 - Violations; notice; hearings; penalties; warnings; injunctive relief

(1)
If it shall appear from the examination of any soil or plant amendment that any of the provisions of this chapter or the rules and regulations issued thereunder have been violated, the commissioner shall cause notice of the violations to be given to the registrant, distributor, or possessor from whom said sample was taken. Any person so notified shall be given opportunity to be heard under such rules and regulations as may be prescribed by the commissioner and State Chemist. If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this chapter or rules and regulations issued thereunder have been violated, the commissioner and State Chemist may certify the facts to the proper prosecuting attorney.
(2)
Any person convicted of violating any provision of this chapter or the rules and regulations issued thereunder shall be guilty of a misdemeanor and punished as provided for in Section
99-19-31
. Appeals from convictions under this subsection shall be as in other cases at law.
(3)
Nothing in this chapter shall be construed as requiring the commissioner, State Chemist or their representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the chapter when they believe that the public interests will be best served by a suitable notice of warning in writing.
(4)
It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
(5)
The commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under the chapter notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
Laws, 1978, ch. 322, § 13, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 24 - FERTILIZING MATERIALS AND ADDITIVES (§§ 69-24-1 — 69-24-27) › Section 69-24-27 - Adoption and enforcement of rules and regulations

The commissioner and State Chemist may adopt, amend or repeal rules and regulations relating to sampling, analytical methods, forms, minimum percentage, soil or plant amending ingredients, exempted materials, investigational allowances, definitions, records, labels, labeling, liability bond, misbranding, mislabeling and the distribution of soil or plant amendments as may be necessary to carry into effect the full intent and meaning of this chapter.
Laws, 1978, ch. 322, § 14; Laws, 2004, ch. 518, § 2, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-1 - Definitions

For the purpose of this article, the following terms shall be construed, respectively, to mean:
Division of Plant Industry - means the Bureau of Plant Industry within the Regulatory Office of the Mississippi Department of Agriculture and Commerce.
Insect pests - means insects or other invertebrates injurious to plants and plant products.
Noxious weed - means a plant species or classified group of plants declared by the Bureau of Plant Industry to be a public nuisance or to be especially injurious to the environment, to agricultural and horticultural production or to wildlife and which should be controlled and the dissemination of which prevented.
Plant diseases - means fungi, bacteria, nematodes and viruses injurious to plants and plant products and the pathological condition in plants and plant products caused by fungi, bacteria, nematodes and viruses. This definition shall also include plants which are parasitic or partially parasitic on other plants such as "witch weed", Striga asiatica, a serious parasitic plant of corn and other members of the grass family.
Plants and plant products - Trees, shrubs, seedlings, vines, forage and cereal plants, and all other plants; cuttings, grafts, scions, buds and all other parts of plants and fruits, vegetables, roots, bulbs, seeds, wood, timber and all other plant products.
Places - Vessels, cars and other vehicles, buildings, docks, nurseries, orchards and other premises, where plants and plant products are grown, kept or handled.
Persons - Individuals, associations, partnerships and corporations.
Codes, Hemingway's 1921 Supp. § 6382b; 1930, § 6958; 1942, § 4979; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 2; Laws, 1991, ch. 530, § 19; Laws, 2003, ch. 401, § 1, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-3 - Bureau of plant industry; advisory board

The State Plant Board is abolished and its duties are transferred to the Commissioner of Agriculture and Commerce, and it shall henceforth be known as the Bureau of Plant Industry.
There is created an Advisory Board to the Bureau of Plant Industry, composed of the following: the State Chemist; the head of the Entomology and Plant Pathology Department, Mississippi State University of Agriculture and Applied Science; the head of the Plant and Soil Science Department, Mississippi State University of Agriculture and Applied Science; Alcorn State University Director of Agriculture and Applied Sciences; and, for a period of two (2) years, the following: one (1) soil conservation district commissioner appointed by the commissioner; two (2) residents of Mississippi who engage in the production of any crop, appointed by the commissioner; one (1) resident of the State of Mississippi who is a commercial applicator holding a license issued under the rules and regulations of the Bureau of Plant Industry, appointed by the commissioner; one (1) resident of the State of Mississippi who is a restricted use pesticide registrant or an employee of such person, appointed by the commissioner; one (1) resident of the State of Mississippi who is either a wholesale or retail horticulturist, appointed by the commissioner, and one (1) resident of the State of Mississippi who is a licensed landscape contractor, appointed by the commissioner, who shall serve with no compensation and whose duties are to advise the commissioner on all matters regarding the Bureau of Plant Industry. The commissioner shall meet annually with the advisory board and the Director of the Bureau of Plant Industry. It is the intent and purpose of this section to maintain the domicile of this division of the Department of Agriculture and Commerce at Mississippi State University of Agriculture and Applied Science, Mississippi State, Mississippi.
Codes, Hemingway's 1921 Supp. § 6382c; 1930, § 6957; 1942, § 4978; Laws, 1920, ch. 252; Laws, 1968, ch. 247, § 1; Laws, 1971, ch. 446, § 1 1979, ch. 338, § 2; Laws, 1991, ch. 519, § 1; Laws, 1995, ch. 577, § 1; Laws, 2000, ch. 372, § 1; Laws, 2003, ch. 401, § 2, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-5 - Director of the Bureau of Plant Industry; State Entomologist

The Commissioner of Agriculture and Commerce shall appoint a full-time executive secretary and director, hereinafter called the "Director of the Bureau of Plant Industry," whose office shall be at Mississippi State University of Agriculture and Applied Science. The director shall serve at the will and pleasure of the commissioner and shall receive a salary in an amount to be determined by the commissioner. It shall be the duty of the director to enforce the rules and regulations adopted by the commissioner and to perform such other functions that may be assigned to him by the commissioner.
The Commissioner of Agriculture and Commerce and the Director of the Bureau of Plant Industry shall appoint a full-time State Entomologist, who shall be a qualified entomologist and whose office shall be at Mississippi State University of Agriculture and Applied Science.
Codes, Hemingway's 1921 Supp. § 6382c; 1930, § 6957; 1942, §§ 4978, 4978.5; Laws, 1920, ch. 252; Laws, 1968, ch. 247, § 1; Laws, 1971, ch. 446, §§ 1, 24; Laws, 1972, ch. 369, § 1; Laws, 2000, ch. 372, § 2; Laws, 2003, ch. 401, § 3, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-7 - Powers and duties of commissioner

(1)
The Commissioner of Agriculture and Commerce may conduct inspections and promulgate and enforce quarantine regulations as may be necessary in carrying out the provisions of this article.
(2)
(a)
The Commissioner of Agriculture and Commerce shall, from time to time, make rules and regulations for carrying out the provisions and requirements of this article, including rules and regulations under which his inspectors and other employees shall:
(i)
Inspect places, plants and plant products, and things, and substances used or connected therewith;
(ii)
Investigate, control, eradicate and prevent the dissemination of insect pests, diseases and noxious weeds; and
(iii)
Supervise or cause the treatment, cutting and destruction of plants and plant products and other things infested or infected therewith.
(b)
No rule or regulation shall be effective unless first submitted to and approved by the advisory board established under the provisions of Section
69-25-3
.
(c)
The inspectors and employees employed by the commissioner may carry out and execute the regulations and orders of the commissioner and under direction of the commissioner carry out the provisions of this article.
(3)
To carry out the provisions of this article, the commissioner or his representative may enter into compacts and memorandums of agreement and/or understanding with governmental agencies or private organizations. The Bureau of Plant Industry may establish statewide or regional cooperative weed management areas for any or all of the weeds listed as noxious under officially promulgated regulations. Under such authority, the Bureau of Plant Industry may serve as lead agency in establishing control and/or eradication programs for regulated pests and noxious weeds and actively seek grants and external resources to provide matching resources for other avenues of funding.
Codes, Hemingway's 1921 Supp. §§ 6382d, 6382h; 1930, §§ 6959, 6963; 1942, §§ 4980, 4984; Laws, 1920, ch. 252; Laws, 1971, ch. 446, §§ 3, 7; Laws, 2003, ch. 401, § 4; Laws, 2008, ch. 358, § 1, eff. 3/26/2008.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-9 - Duties of commissioner and persons having knowledge of infected plants

The Commissioner of Agriculture and Commerce shall keep himself informed as to known varieties of insect pests, diseases and noxious weeds, their origin, locality, nature and appearance thereof, the manner in which they are disseminated, and approved methods of treatment and eradication.
The Commissioner of Agriculture and Commerce, in his rules and regulations made pursuant to this article, shall list the insect pests, diseases and noxious weeds, of which he shall find that the introduction into, or the dissemination within, this state should be prevented in order to safeguard the environment, agricultural and horticultural production and the plants and plant products of this state, together with the plants and plant products and other things likely to become infested or infected with such insect pests, diseases and noxious weeds. Every such insect pest, disease and noxious weed listed, and every plant and plant product and other thing infected therewith, is hereby declared to be a public nuisance. Every person who has knowledge of the presence of any insect pest, disease or noxious weed listed, as required by this section, in the rules and regulations made pursuant to this article, in or upon any place, shall immediately report same to the commissioner or an inspector therefor giving such detailed information relative thereto as he may have. Every person who deals in or engages in the sale of plants and plant products or other things infested or infected, or likely to be or become so shall furnish to the commissioner or his inspectors, when requested, a statement of the names and addresses of the persons from whom and the localities where he purchased or obtained such plants and plant products, and other things infested or infected, or likely to be or become so.
Codes, Hemingway's 1921 Supp. § 6382g; 1930, § 6962; 1942, § 4983; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 6; Laws, 2003, ch. 401, § 5, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-10 - [Repealed]

Laws, 2012, ch. 502, § 4, eff. 7/1/2012.
Repealed internally, eff.7/1/2016.
Amended by Laws, 2015, ch. 306, HB 839, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-11 - Inspections and quarantine; enforcement of

The inspections and the quarantine enforcement referred to in this article shall be conducted under the direction of the Commissioner of Agriculture and Commerce by the Director of the Bureau of Plant Industry and the State Entomologist at Mississippi State University of Agriculture and Applied Science and such assistants as may become necessary. It shall be the duty of the Director of the Bureau of Plant Industry and the State Entomologist to make recommendations to the commissioner regarding quarantines and regulations.
Codes, Hemingway's 1921 Supp. § 6382e; 1930, § 6960; 1942, § 4981; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 4; Laws, 2003, ch. 401, § 6, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-13 - Inspectors may be employed

For the purpose of carrying out the provisions of this article, the Commissioner of Agriculture and Commerce may employ, prescribe the duties of, and fix the compensation of, such inspectors and other employees as he may require and incur such expenses as may be necessary, within the limits of appropriations made by law. He shall cooperate with other departments, boards and officers of this state and of the United States as far as practicable.
Codes, Hemingway's 1921 Supp. § 6382f; 1930, § 6961; 1942, § 4982; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 5, eff. 7/1/1971.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-15 - How infected or defective plants and products dealt with

Whenever an inspection made pursuant to this article discloses that any places, or plants, or plant products or things or substances used or connected therewith, are infested or infected with any insect, pest, disease or noxious weed listed as a public nuisance, or are dead or of stock so seriously weakened by drying, excessive heat or cold, or any other condition that makes it unable to grow satisfactorily when given reasonable care, as required above herein, in the rules and regulations made pursuant hereto, written notice thereof shall be given the owner or other person in possession or control of the place where found and such owner or other person shall proceed to control, eradicate or prevent the dissemination of such insect, pest, disease or noxious weed, and to remove, cut or destroy infested and infected plants and plant products, or dead or dying plants, or things or substances used or connected therewith, within the time and in the manner prescribed by said notice or the said rules and regulations. Whenever such owner or other person cannot be found, or shall fail, neglect or refuse to obey the requirements of said notice and the rules and regulations so made, such requirements shall be carried out by inspectors or other employees of the Commissioner of Agriculture and Commerce as the law allows.
Codes, Hemingway's 1921 Supp. § 6382i; 1930, § 6964; 1942, § 4985; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 8; Laws, 1974, ch. 380; Laws, 2003, ch. 401, § 7, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-17 - How proscribed plants and products may be shipped

It shall be unlawful for any person to bring or cause to be brought into this state any plant or plant product or other thing listed as required above herein, in the rules and regulations made pursuant hereto, unless thereby plainly and legibly marked thereon or affixed thereto, or on or to the car or other vehicle carrying, or the bundle, package or other container of the same, in a conspicuous place, a statement or a tag or other device showing the names and addresses of the consignors or shippers and the consignee or person to whom shipped, the general nature and quantity of the contents, and the name of the locality where grown or shipped, together with a certificate of inspection of the proper official of the state, territory, district or county from which it was brought or shipped, showing that such plant or plant product or other thing or substance was found or believed to be free from insect pests, diseases and noxious weeds, and any other information required by the Commissioner of Agriculture and Commerce such as certificates of fumigation.
Codes, Hemingway's 1921 Supp. § 6382j; 1930, § 6965; 1942, § 4986; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 9; Laws, 2003, ch. 401, § 8, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-19 - Unlawful to ship and deal in proscribed plants before inspection

It shall be unlawful for any person to sell, give away, carry, ship, or deliver for carriage or shipment within this state, any plants or plant products or other thing or substitute listed, as required in such rules and regulations made by the Commissioner of Agriculture and Commerce unless such plant or plant products or other thing or substance have been officially inspected and a certificate issued by an inspector of the commissioner stating that the plants or plant products or other thing or substance have been inspected and found to be apparently free from insect pests, diseases and noxious weeds, and any other facts provided for in the rules and regulations made pursuant to this statute. For the issuance of such certificate, the commissioner may require the payment of a reasonable fee to cover the expense of such an inspection and certification provided, however, that if such plants or plant products or other thing or substance were brought into the state in compliance with the requirements of law such certificate required may be accepted in lieu of the inspection and certificate required by this section in such cases as shall be provided for in the rules and regulations made hereunder. If it shall be found at any time that a certificate of inspection issued or accepted pursuant to the provisions of this section is being used in connection with plants and plant products or other things or substances which are infested or infected with insect pests, diseases or noxious weeds listed in the rules and regulations, its further use may be prohibited, subject to such inspection and other dispositions of the plants and plant product involved as may be provided for by the commissioner. All monies collected by the commissioner where not otherwise provided shall be deposited in the State Treasury to the credit of the General Fund revenue receipts.
Codes, Hemingway's 1921 Supp. § 6382k; 1930, § 6966; 1942, § 4987; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 10; Laws, 2003, ch. 401, § 9, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-21 - Suspected plants or products; information to be furnished commissioner

Any person in this state who receives from without the state any plant or plant product, or other thing or substance as to which the requirements of section next before the last above have not been complied with, or who receives any plant or plant product, or other thing or substance, sold, given away, carried, shipped, or delivered for carriage or shipment within this state as to which the requirements of next foregoing section have not been complied with, shall immediately inform the Commissioner of Agriculture and Commerce or an inspector thereof and isolate and hold the plant or plant product or other thing or substance unopened or unused subject to such inspection and other disposition as may be provided for by the commissioner.
Codes, Hemingway's 1921 Supp. § 6382l; 1930, § 6967; 1942, § 4988; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 11; Laws, 2003, ch. 401, § 10, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-23 - Infected localities outside of state; shipments from prohibited

Whenever the Commissioner of Agriculture and Commerce finds that there exists outside of this state any destructive or nuisance insect pest, disease or noxious weed, the commissioner may give public notice thereof, specifying the locations, the plants and the plant products infested, infected or declared noxious and which are likely to become infested or infected therewith. In order to safeguard the environment, agricultural and horticultural production, plants and plant products, the movement of such plants or plant products or other things or substances into this state from the infected or infested locality shall thereafter be prohibited until the commissioner determines that the danger of the introduction into this state of such insect pests, diseases or noxious weeds from such locality has ceased to exist.
Codes, Hemingway's 1921 Supp. § 6382m; 1930, § 6968; 1942, § 4989; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 12; Laws, 2003, ch. 401, § 11, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-25 - Infected localities within this state; how dealt with

Whenever the Commissioner of Agriculture and Commerce shall find that there exists in this state, or any part thereof, any insect pest, disease or noxious weed, and that its dissemination should be controlled or prevented, the commissioner shall give public notice thereof, specifying the plants or plant products or other thing or substance infested, infected or declared noxious or likely to become infested or infected therewith, and the movement, planting or other use of any such plant or plant product, or other thing or substance specified in such notice as likely to carry and disseminate such insect pest, disease or noxious weed, except under such conditions as shall be prescribed by the commissioner as to inspection, treatment and disposition, shall be prohibited within such area as may be designated in the public notice until the commissioner shall find that the danger of the dissemination of such insect pest, disease or noxious weed has ceased to exist, of which the commissioner shall give public notice.
Codes, Hemingway's 1921 Supp. § 6382n; 1930, § 6969; 1942, § 4990; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 13; Laws, 2003, ch. 401, § 12, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-27 - Shipment through the state may be prohibited

By virtue of the powers conferred herein and for the purpose of protecting the environment, agricultural and horticultural production, the plant life and plant products of this state, the Commissioner of Agriculture and Commerce may prevent and prohibit the introduction into the state for the purpose of transportation through the state of any such plants and plant products or other things or substance hereinbefore mentioned to the same extent and for the same purpose and with the same authority that is provided above with reference to the introduction of the same into the state.
Codes, Hemingway's 1921 Supp. § 6382u; 1930, § 6976; 1942, § 4997; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 20; Laws, 2003, ch. 401, § 13, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-29 - How shipments through the state may be made

The Commissioner of Agriculture and Commerce for the same purposes and in the same manner and with the same authority, as provided in Section
69-25-27
, may prohibit and prevent the introduction into or the transportation through the state of any such plants and plant products or other thing or substance except when contained in such container, car, boat, or vehicle and shall prevent the escape or waste of any part of the same while being introduced into or transported through the state, and may likewise prohibit and prevent the opening of such container, car, boat, or vehicle containing such plant or plant product or other thing or substance within the state.
Codes, Hemingway's 1921 Supp. § 6382v; 1930, § 6977; 1942, § 4998; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 21, eff. 7/1/1971.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-31 - Reciprocal agreements

The Commissioner of Agriculture and Commerce shall have power to make reciprocal agreements with the responsible officials of other states under which nursery stock or plants from any other state may be sold or delivered in Mississippi under the same conditions required for the sale or delivery of Mississippi nursery stock or plants in the state concerned.
Codes, 1942, § 4999; Laws, 1936, ch. 203; Laws, 1971, ch. 446, § 22, eff. 7/1/1971.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-33 - Boards of supervisors and municipal governing bodies may appropriate money to cooperate with the commissioner

The boards of supervisors in the various counties of the state and the governing bodies in the various municipalities of the state are hereby authorized and empowered, in their discretion, to appropriate money out of the general funds of the counties and municipalities to be used for the purpose of cooperating with the Commissioner of the Department of Agriculture and Commerce in eradicating serious insect pests, rodents, plant parasites, plant diseases and noxious weeds and in protecting the counties and municipalities from serious insect pests, rodents, plant parasites, plant diseases and noxious weeds.
Codes, Hemingway's 1921 Supp. § 6382x; 1930, § 6978; 1942, § 5000; Laws, 1920, ch. 219; Laws, 1958, ch. 149; Laws, 1971, ch. 446, § 23; Laws, 1972, ch. 369, § 2; Laws, 2003, ch. 401, § 14, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-35 - Suspected premises and article may be examined

For the purpose of carrying out the provisions and requirements of this article, and of the rules and regulations made, and notices given, pursuant thereto, the Commissioner of Agriculture and Commerce and his inspectors and employees shall have power to enter in or upon any place, and to open any bundle, package or other container containing or thought to contain plants or plant products.
Codes, Hemingway's 1921 Supp. § 6382o; 1930, § 6970; 1942, § 4991; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 14, eff. 7/1/1971.
Mississippi Code 1972 (2023) › Title 69 - AGRICULTURE, HORTICULTURE, AND ANIMALS (§§ 69-1-1 — 69-55-9) › Chapter 25 - PLANTS, PLANT AND BEE DISEASES (§§ 69-25-1 — 69-25-223) › Article 1 - DIVISION OF PLANT INDUSTRY; PLANT DISEASES AND PESTS (§§ 69-25-1 — 69-25-47) › Section 69-25-37 - Remedy of person affected

Any person affected by any rule or regulations made, or notice given, pursuant to this article, may have a review thereof by the Commissioner of Agriculture and Commerce for the purpose of having such rule, regulation or notice modified, suspended or withdrawn. Such review shall be allowed and considered and the cost thereof fixed, assessed, collected and paid in such manner and in accordance with such rules and regulations as may be prescribed by the commissioner.
Codes, Hemingway's 1921 Supp. § 6382p; 1930, § 6971; 1942, § 4992; Laws, 1920, ch. 252; Laws, 1971, ch. 446, § 15, eff. 7/1/1971.