reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Industrial Waste, By-Product, or Co-Products as a Source of Soil/Plant Amendment Products Or Ingredients › Section 2-1-3-05-106.03

Current through June 25, 2024
Such industrial waste, by-product or co-product
						material, which may posses properties considered to support claims as a source
						material for soil or plant amendment product, that has been declared safe for
						use on agricultural land and public contact sites may be considered for
						permitting and registration by the Commissioner and State Chemist; however,
						applicants must supply scientific information as specified in Regulation 6 of
						the Mississippi Soil and Plant Law.
Miss. Code Ann.
						§
												69-24-27.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Definitions › Section 2-1-3-06-100

Current through June 25, 2024
For the purpose of these regulations adopted under the
						provision of the Mississippi Disease Act of 1920, Mississippi Code 1972,
						Annotated, Chapter 25, Article 3, Sections
						69-25-101
						through
						69-25-109,
						as amended, the following definitions shall be construed accordingly and unless
						the context otherwise requires shall mean:
1.
"Honey Bee or
					 Bee(s)"
- Any insect(s) of the scientific genus and species,
Apis mellifera.
2.
"Apiary"
- Any site or location whereby one or more
					 colonies of bees are kept at anytime during the year.
3.
"Colony"
- A
					 congregation of bees on combs consisting of worker bees and an active viable
					 queen.
4.
"Commercial
					 Beekeeper"
- Person or persons owning and/or managing 50 or more
					 colonies of bees for the purpose of:
a.
					 Producing honey
b. Producing
					 package bees and/or queen bees for sale or use by other beekeepers.
c. Providing pollination services for a
					 fee
d. Resale within the
					 year.
e. Person(s) owning and/or
					 managing less than 50 colonies of bees for any purpose so described above,
					 except for honey production alone shall be deemed a commercial
					 apiarist.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Compliance Agreements between BPI and Beekeepers must be established to insure that regulated articles are moved to and from Mississippi in accordance with requirements outlined herein › Section 2-1-3-06-101.01

Current through June 25, 2024
Such agreement shall state that said beekeeper agrees to
						request permits in writing at least 30 days prior to moving bees after having
						the necessary inspections completed.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Compliance Agreements between BPI and Beekeepers must be established to insure that regulated articles are moved to and from Mississippi in accordance with requirements outlined herein › Section 2-1-3-06-101.02

Current through June 25, 2024
Said beekeepers shall agree to notify a BPI Inspector
						within 24 hours upon arrival of bee colonies in Mississippi at which time
						he/she shall give specific written locations for all apiary
						locations.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Compliance Agreements between BPI and Beekeepers must be established to insure that regulated articles are moved to and from Mississippi in accordance with requirements outlined herein › Section 2-1-3-06-101.03

Current through June 25, 2024
Said agreement shall specify in writing all states,
						including counties within said state where bee colonies have been maintained
						during the preceding 12 months.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Compliance Agreements between BPI and Beekeepers must be established to insure that regulated articles are moved to and from Mississippi in accordance with requirements outlined herein › Section 2-1-3-06-101.04

Current through June 25, 2024
Said beekeeper must agree not to knowingly bring
						infested/infected colonies into Mississippi.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Compliance Agreements between BPI and Beekeepers must be established to insure that regulated articles are moved to and from Mississippi in accordance with requirements outlined herein › Section 2-1-3-06-101.05

Current through June 25, 2024
Said beekeeper must agree to treat all colonies moved in
						Mississippi with legally approved chemicals to keep parasitic mite infestations
						under control as described in section 104(b) of this chapter.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Compliance Agreements between BPI and Beekeepers must be established to insure that regulated articles are moved to and from Mississippi in accordance with requirements outlined herein › Section 2-1-3-06-101.06

Current through June 25, 2024
Said beekeeper must acknowledge in such agreement that
						he/she understands that any violation of the signed agreement may be grounds
						for BPI to refuse future issuance of a permit.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Compliance Agreements between BPI and Beekeepers must be established to insure that regulated articles are moved to and from Mississippi in accordance with requirements outlined herein › Section 2-1-3-06-101.07

Current through June 25, 2024
Said beekeeper shall agree to accompany BPI Inspector
						upon request or designate an employee to do so.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Compliance Agreements between BPI and Beekeepers must be established to insure that regulated articles are moved to and from Mississippi in accordance with requirements outlined herein › Section 2-1-3-06-101.08

Current through June 25, 2024
Said agreement shall expire only when said beekeeper
						requests such in writing, or the Bureau has proof that said complier has
						violated the agreement, at which time the agreement becomes void and all
						permits to the beekeeper are nullified.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Compliance Agreements between BPI and Beekeepers must be established to insure that regulated articles are moved to and from Mississippi in accordance with requirements outlined herein › Section 2-1-3-06-101.09

Current through June 25, 2024
To reinstate a Compliance Agreement, the beekeeper must
						request a hearing before the Bureau's Advisory Board, at such time its
						reinstatement must be approved by a majority vote.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Registration of Apiaries › Section 2-1-3-06-102

Current through June 25, 2024
Apiaries owned and/or managed by a beekeeper may be
						registered by legal description with the Bureau of Plant Industry (BPI) each
						year. Non-commercial beekeepers may also register apiaries which shall meet all
						requirements and regulations governing commercial apiaries. Registration of
						each apiary shall be achieved at anytime and shall not expire until written
						notice from the apiary owner. Registration shall be accomplished by requesting
						the appropriate application from BPI, completing it and filing it with
						BPI.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Interstate Movement of Nucs and/or Colonies and/or Used Beekeeping Equipment › Section 2-1-3-06-103

Current through June 25, 2024
1. Beekeepers who choose to transport into,
					 operate, and maintain colonies in Mississippi must obtain an entry permit from
					 BPI prior to entering the State. Before an entry permit is issued a certificate
					 of inspection issued by a state apiary official must be provided to BPI at
					 least 30 days in advance along with the number of colonies requesting to be
					 moved. The certificate of inspection shall state that at least of 10% of the
					 apiaries owned/operated by the applicant have been inspected within 10 months
					 of shipment and meet the Mississippi Certificate of Inspection Standards.
When regulated articles are originating from a state that
						has no state apiary official or state entomologist that is available, a permit
						may be issued by BPI with special requirements.
If regulated articles are found brought into Mississippi
						without obtaining an entry permit they shall be immediately placed under
						quarantine until released by the state apiary official or state entomologist
						after an inspection for contagious diseases, parasites and pests including the
						Africanized honeybee or hybridized African/European bee.
2. When a beekeeper wishes to move colonies
					 to another state, BPI shall make the necessary inspections which meet that
					 state's entry requirements and issue the proper certificate, if allowable,
					 unless other arrangements have been made between the receiving state and the
					 beekeeper's official state of origin. Such a certificate may be issued with the
					 approval of the receiving state based on treatments for Varroa and/or tracheal
					 mites in lieu of inspection. Such certificate may also be issued by BPI once
					 inspected and found to be apparently free of contagious and infectious bee
					 diseases and parasites.
3. Netting
					 Required: All beekeepers moving bees into or through Mississippi must have them
					 covered by netting to prevent escape.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Certification/Certificate of Inspection Standards › Section 2-1-3-06-104

Current through June 25, 2024
a.
Brood Disease
					 Status:
Such certificate shall state that 10% of the apiaries
					 owned/operated by the applicant have been inspected within 10 months of the
					 date of the certificate by any state official who found the percent of the
					 colony infections not to exceed 2% for American Foulbrood, or 5% for European
					 Foulbrood or 25% for chalkbrood and that the colonies were inspected at a time
					 when said bees were actively rearing brood.
b.
Parasitic Mite
					 Status:
Such certificate shall verify or acknowledge that the
					 apiaries have been inspected and found apparently free of parasitic mites.
i. Certification for varroa mites shall be
					 based on surveys conducted to verify that mite control has been achieved.
					 Control of varroa mites shall be evaluated as successful if ether rolls on 100
					 bees per 5 colonies show no more than 3 mites per roll or if sticky boards
					 under "Apistan Strips" show no more than 10 mite per board.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Certification of Package Bees, Queen Bees and Nucs › Section 2-1-3-06-105

Current through June 25, 2024
All apiaries belonging to packaged bee, queen bee and
						nuc producers must be inspected annually for contagious diseases, parasites and
						pests including the Africanized honeybee or hybridized African/European bee as
						outlined in the standards for certification section 104. Certificates of
						inspection declaring apparent freedom from contagious bee diseases, parasites
						and pests including the Africanized honeybee or hybridized African/European bee
						shall be attached securely to each lot of packaged bees, queens or nucs being
						shipped. All lots of packaged bees, queens, or nucs being shipped into
						Mississippi must be accompanied by such a certificate from the state of
						origin.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Quarantines › Section 2-1-3-06-105.01

Current through June 25, 2024
Quarantine Notices: A quarantine may be instituted by
						BPI on all apiaries and colonies of bees within this state, wherein American
						Foulbrood,
Acarapis woodi, Varroa jacobsoni, Apis mellifera
						adansonii
or other highly contagious diseases, parasites, or pests of
						honey bees are found to occur. Such quarantine shall only be issued whenever
						the Bureau determines that said bees are "not actively being cared for by the
						owner/manager". And further yet, such quarantine shall become effective
						immediately upon written notices of quarantines by the Bureau to all beekeepers
						affected specifying locations and additional restrictions as deemed necessary
						by BPI. The removal of any and all colonies and/or bees, queen bees, worker
						bees, drone bees, or other regulated items as defined in section 100. from such
						quarantined apiary(s) is hereby prohibited until said quarantine is revoked by
						BPI or unless written permission is granted by BPI for the transport of
						infected equipment to a location where it can be properly treated by BPI
						personnel.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Quarantines › Section 2-1-3-06-105.02

Current through June 25, 2024
Brood Diseases : Any apiary found with more than 2% of
						the colonies infected with American Foul Brood disease, all apiaries
						owned/operated by the beekeeper shall be placed under quarantine and all
						infected hives shall be immediately destroyed by burning under the supervision
						of the inspector. The apiary or apiaries may be released by the State Apiary
						Inspector from quarantine at any time after sixty days from the date of finding
						of the infection, when the inspector determines that the apiary is free of
						American Foulbrood disease.
Any apiary found with more that 5% of the colonies
						infected with European Foul Brood disease, all apiaries owned/operated by the
						beekeeper shall be placed under quarantine and all colonies treated with FDA
						approved antibiotic. The apiary or apiaries may be released by the State Apiary
						Inspector from quarantine at any time after thirty days from the date of
						treatment, when the inspector determines that the apiary is free of European
						Foul Brood disease.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Quarantines › Section 2-1-3-06-105.03

Current through June 25, 2024
Parasitic Mites: Individual colonies found to be
						infested with parasitic mites that exceed standards for certification as
						outlined in section 104(b) of this chapter may be depopulated to expedite
						clean-up with the remaining colonies within the apiary and operation to be
						treated with an approved or acceptable chemical according to label directions.
						Infested yards shall remain under quarantine until all colonies have been
						treated for three weeks and reinspected .
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Quarantines › Section 2-1-3-06-105.04

Current through June 25, 2024
Africanized Bees: Should a suspected colony/colonies of
						Africanized or hybridized African/European bees be detected in Mississippi said
						colonies shall be depopulated and the affected apiary quarantined. All apiaries
						within a three-mile radius shall be quarantined until an examination for
						Africanized or hybridized African/European bees is completed and no other
						infested/affected yards are detected.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Quarantines › Section 2-1-3-06-105.05

Current through June 25, 2024
Enforcement: When BPI finds contagious diseases,
						parasites and pests including the Africanized honeybee or hybridized
						African/European bees repeatedly that exceed standards for certification as
						outlined in section 104 of this chapter in bees shipped from another state
						under official certificates or receives adequate proof or testimony that said
						state's certificate standards are inadequate, BPI thereafter shall refuse to
						recognize certificates of such state until such time as he shall receive
						satisfactory proof that its inspection service has again become
						trustworthy.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Quarantines › Section 2-1-3-06-105.06

Current through June 25, 2024
At the discretion of the State Entomologist, a
						quarantine may be placed on an entire state wherein adequate restrictions or
						regulations are not in force to prevent, contain, or control occurrences of
						Varroa mite, Africanized or hybridized African/European bees or other
						contagious bee diseases, parasites, or pests of honey bees.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Quarantines › Section 2-1-3-06-105.07

Current through June 25, 2024
The exposure by any person of hives, combs, brood,
						honey, or bees from colonies or apiaries which have been determined by BPI to
						be infected/infested with contagious bee diseases, parasites at levels which
						exceed certification criteria in section 104 of this chapter or Africanized or
						hybridized African/European bees in such a manner as to expose other bees to
						the danger of infection/infestation, is hereby prohibited and such exposure
						shall be considered a violation of Chapter 25, Article 3, Sections
						69-25-101
						through
						69-25-109,
						Mississippi Code annotated 1972, as amended.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 06 - Bee Disease Regulations › Quarantines › Section 2-1-3-06-105.08

Current through June 25, 2024
It shall be unlawful for any person to knowingly
						purchase, receive or transport bees from quarantined areas or quarantined
						beekeeping operations whether instate or out-of-state.
Miss. Code Ann.
						§
												69-25-103.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 07 - Penalty Assessment Guidelines › Purpose › Section 2-1-3-07-100.01

Current through June 25, 2024
These rules are adopted under the authority granted in
Miss. Code Ann
. §
											69-25-57.
						The purpose of these rules is to provide guidance for the reviewing officer and
						the hearing committee (hereinafter, "hearing officers") of the Bureau of Plant
						Industry, a division of the Mississippi Department of Agriculture and Commerce,
						in assessing civil penalties or other punishment for any violations of
Miss. Code Ann
. Sections
						69-19-1
						through
						69-19-15,
						Sections
						69-21-101
						through
						69-21-128,
						Sections
						69-23-1 through
						69-23-135,
						and the rules and regulations promulgated thereunder. In determining the
						enforcement remedy, the hearing officers shall consider the appropriateness of
						such penalty for the particular violation, the effect of the penalty on the
						person's ability to continue in business, and the gravity of the violation.
						These guidelines are designed to insure consistency, to the extent practicable,
						for similar violations in the assessment of penalties or other
						punishment.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 07 - Penalty Assessment Guidelines › Determination of Enforcement Remedy › Section 2-1-3-07-100.02

Current through June 25, 2024
The hearing officers must determine whether the
						violation which is alleged to have been committed would warrant an enforcement
						action. In deciding on the appropriate enforcement remedy, the hearing officers
						shall consider the type of violation and the seriousness or gravity of the
						violation. A written notice of warning may be issued in the event of a minor
						violation when it appears that the public interest would be adequately served
						thereby.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 07 - Penalty Assessment Guidelines › Types of Violations › Section 2-1-3-07-100.03

Current through June 25, 2024
Types of violations include, but are not limited to the
						following:
1. Credentials/Licensure:
					 Violations of the licensing, permit, identification card, registered
					 technician, applicator certification, equipment marking, operation, product
					 registration, etc.
2. Pesticide
					 Registration/Labeling: Application, distribution, sale, use and/or
					 recommendations, etc.
a. Products canceled,
					 suspended, or under stop-sale.
b.
					 The utilization of a product for a use not registered under, or exempted by,
					 state or federal law.
c. Use in a
					 manner inconsistent with its labeling.
d. Prohibited acts/uses.
e. Improper labeling.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 07 - Penalty Assessment Guidelines › Gravity Ratings › Section 2-1-3-07-100.04

Current through June 25, 2024
The following gravity rating and matrix is intended
						solely for use as a guideline for consideration by the hearing officers who are
						not bound by the matrix recommendations.
1. Violation is unintentional, there is no
					 record of a prior similar violation by the accused within the past twenty-four
					 (24) months, and/or there is a low probability of adverse effects, the adverse
					 effects are unknown, or the adverse effects are minimal.
2. The violation is unintentional, there is a
					 record of one or more repeat similar violations by the accused within the past
					 twenty-four (24) months, and/or there is a high probability of major adverse
					 effects, or the adverse effects are major.
3. The violation is intentional, there is no
					 record of a prior similar violation by the accused within the past twenty-four
					 (24) months, and/or there is a low probability of adverse effects, the adverse
					 effects are unknown, or the adverse effects are minimal.
4. The violation is intentional, there is a
					 record of one or more repeat similar violations by the accused within the past
					 twenty-four (24) months, and/or there is a high probability of major adverse
					 effects, or the adverse effects are major.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 07 - Penalty Assessment Guidelines › Penalty Matrix › Section 2-1-3-07-100.05

Current through June 25, 2024
Penalty Matrix appears below:
Type Violation
Gravity Rating
(1)
(2)
(3)
(4)
(1) Credentials (licensing, permit,
								  identification card, registered technician, applicator certification, equipment
								  marking, operation, product registration, etc.)
1 and/or 6
2 and/or 8
3 and/or 11
4 and/or 12
(2) Pesticides and labeling usage
(i) Canceled/suspended/stop-saled
(ii) Non-registered
(iii) Inconsistent with labeling
(iv) Prohibited acts/use
(v) Improper labeling
2 and/or 8
3 and/or 10
4 and/or 11
5 and/or 12
(3) Records, reporting, contracts, insurance,
								  bonds, inspection, etc.
1 and/or 6
2 and/or 8
3 and/or 11
4 and/or 12
(4) Fraudulent, faulty, careless, negligent acts,
								  etc.
2 and/or 8
3 and/or 8
4 and/or 11
5 and/or 12
(5) Other violations, i.e., minimum standards,
								  treatment requirements, storage, disposal, safety requirements,
1 and/or 7
2 and/or 10
3 and/or 11
4 and/or 12
etc.
1 = Warning letter and 0 to 30 days licensure
						suspension/modification.
2 = Warning letter and 0 to 90 days licensure
						suspension/modification.
3 = 3 to 12 month licensure
						suspension/modification.
4 = 6 to 12 month licensure suspension/modification or
						licensure cancellation.
5 = Licensure Cancellation.
6 = Civil penalty of $0 to $250.
7 = Civil penalty of $100 to $500.
8 = Civil penalty of $250 to $1000.
9 = Civil penalty of $500 to $1000.
10 = Civil penalty of $500 to $1500.
11 = Civil penalty of $1000 to $2000.
12 = Civil penalty of $2000 to $5000.
Miss. Code Ann.
						§
												69-25-57.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Registration Procedures › Section 2-1-3-08-01-101.01

Current through June 25, 2024
Registration of pesticides or pesticide products shall
						  be on a calendar year basis and all registrations shall expire on December 31
						  of each year. Renewal of registration shall be made during each December and
						  any previously registered pesticide or pesticide product, which has not been
						  reregistered by December 31, shall be considered as unregistered and subject to
						  the penalties prescribed by the Act.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Registration Procedures › Section 2-1-3-08-01-101.02

Current through June 25, 2024
The Registration fee for a pesticide or pesticide
						  product, unless partially waived as an additional brand under Section 104 of
						  this chapter, shall be $200 per brand or grade. Registrants may request a
						  rebate of $100 per brand under following two circumstances:
1. For those brands produced and labeled in a
						Mississippi establishment that is properly registered by the U.S. Environmental
						Protection Agency (EPA). Requests for rebates must be made on forms provided by
						the Bureau of Plant Industry and accompanied by proper notarizations of other
						documents, such as copies of pesticidal product reports sent to the
						EPA.
2. For those brands produced
						and labeled in a Mississippi establishment which are not required to be
						registered by EPA as a pesticide and are not exempted under Mississippi Law.
						Supportive documents such as notarized statements declaring where said products
						will be produced must be provided to the Bureau of Plant Industry. In lieu of
						such documentation an inspection by an official employee of the Bureau of Plant
						Industry may be made at which time and pesticide production reports must be
						made available upon request prior to the issuance of requested
						rebates.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Registration Procedures › Section 2-1-3-08-01-101.03

Current through June 25, 2024
Registration of discontinued products must be done as
						  follows: If a pesticide or pesticide product is no longer produced, the
						  registrant shall continue to register the pesticide or pesticide product for no
						  less than one additional year. The registrant may register a pesticide or
						  pesticide product as discontinued for longer than one year to insure that all
						  supplies have cleared the channels of trade.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Registration Procedures › Section 2-1-3-08-01-101.04

Current through June 25, 2024
Fertilizer-Pesticide mixtures shall be registered and
						  must comply with all sections of the Pesticide Law of 1975 and the rules
						  promulgated thereunder.
Miss. Code Ann.
						  §
													69-23-9.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Sampling and Analysis › Section 2-1-3-08-01-102.01

Current through June 25, 2024
An official sample for analysis shall be one collected
						  by an approved employee of the Bureau of Plant Industry and whenever possible
						  from a labeled and unbroken container. Whenever the analysis by the State
						  Chemist shall reveal that a pesticide or pesticide product is deficient in
						  ingredient or otherwise varies from the ingredient statement shown on its label
						  the Bureau of Plant Industry may bring an administrative action for
						  adulteration or misbranding of the product. Enforcement actions on products
						  found to be misbranded shall be conducted according to the administrative
						  hearing procedures of the Bureau of Plant Industry and the Bureau's General
						  Rules of Procedure.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Sampling and Analysis › Section 2-1-3-08-01-102.02

Current through June 25, 2024
Upon request by the Bureau of Plant Industry or an
						  official of the Mississippi State Chemical Laboratory a registrant must submit
						  methods of analyses and chemical standards within 30 calendar days to the
						  Mississippi State Chemical Laboratory for use in analyzing
						  samples.
Miss. Code Ann.
						  §
													69-23-9.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Issuance of Non-compliance Notices and Stop-Sale Notices › Section 2-1-3-08-01-103.01

Current through June 25, 2024
Whenever the Bureau of Plant Industry shall find a
						  pesticide or pesticide product being sold or offered for sale which has not
						  been registered or re-registered as required, the producer shall immediately be
						  sent a notice of non-compliance and/or stop-sale notice. Should a pesticide or
						  pesticide product be found adulterated, misbranded, or deficient the Bureau of
						  Plant Industry shall immediately issue to the vendor of the product a "Stop
						  Sale" order, and the dealer shall make no further sales of the pesticide or
						  pesticide product specified until the "Stop Sale" order is canceled by the
						  Bureau of Plant Industry. A copy of the "Stop Sale" order shall be mailed to
						  the manufacturer and distributor of the product, if their identity is
						  known.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Issuance of Non-compliance Notices and Stop-Sale Notices › Section 2-1-3-08-01-103.02

Current through June 25, 2024
All delinquent fees must be submitted with the
						  application to bring registrations up to date if the pesticide or pesticide
						  product is still currently being manufactured and marketed in Mississippi and
						  registration fees were not paid for prior years as determined by sales
						  records.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Issuance of Non-compliance Notices and Stop-Sale Notices › Section 2-1-3-08-01-103.03

Current through June 25, 2024
Pesticides or pesticide products found to be not
						  registered at a wholesale distribution point may be placed under stop-sale
						  immediately by the inspector to prevent further distribution. Said pesticides
						  or pesticide products shall remain under stop-sale order until the product is
						  registered or removed from the channels of trade by the
						  producer.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Issuance of Non-compliance Notices and Stop-Sale Notices › Section 2-1-3-08-01-103.04

Current through June 25, 2024
Enforcement actions on products found to be
						  non-registered shall be conducted according to the administrative hearing
						  procedures of the Bureau of Plant Industry and the General Rules of
						  Procedure.
Miss. Code Ann.
						  §
													69-23-9.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Requirements For Meeting the Additional Brand Classification › Section 2-1-3-08-01-104

Current through June 25, 2024
Fees are hereby waived for the following products
						  deemed to be additional brands under the following conditions:
1. The manufacturer's number and product
						number of the EPA Registration Number (the first two series of numbers) must be
						identical An EPA Registration Number may be 00000-xxxx or 00000-xxxx-yyyyy. To
						be considered an additional brand the 0 and the x portions of the number must
						be identical.
2. The ingredient
						statement must be the same. By law, labels for each additional brand which
						claim to be an identical brand must bear some designation that they are the
						same pesticide (identical in active ingredients) before each can be considered
						an additional brand. A confidential statement of formula must be submitted to
						meet this requirement of the law. Accordingly the identical common name or the
						identical scientific chemical name of the active ingredient(s) must be shown in
						the ingredient statement of each additional brand name.
3. All directions for use must be the same.
						Neither product's labeling may contain different sites of
						application.
4. Only those
						pesticides or pesticide products registered with EPA by the same manufacturer
						shall be deemed additional brands. However, they may be produced at different
						facilities. Distributor labels must be labeled as "sold by" or "distributed by"
						(Name and address of the distributor). An establishment which produces an
						additional brand product registered by EPA for another company under contract
						must labe it as "manufactured for" or "formulated for" or "packaged for" (Name
						and address of the distributor). All additional brand products registered by
						EPA must have the proper "EPA Establishment Number" printed on the label or the
						carton.
5. All additional brand
						products exempt from EPA registration must be labeled as "packaged and sold by"
						(name and address) or "packaged by (name and address) for" (name and address)
						or "manufactured by (name and address) for" (name and address).
6. Registrants with currently registered and
						labeled pesticides or pesticide products shall have until January 1, 2003 to
						comply with the labeling provisions of this Section; products found to be
						non-compliant thereafter shall be subject to enforcement actions and/or
						penalties as provided for under the Administrative Hearing Procedures and
						General Rules of Procedure.
Miss. Code Ann.
						  §
													69-23-9.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Bonding and Securities › Section 2-1-3-08-01-105

Current through June 25, 2024
Any non-resident vendor, manufacturer or distributor
						  of pesticide products who has been found guilty of two or more pesticide
						  violations within the last 5 years, whether in a judicial or administrative
						  proceeding, shall deliver to the Bureau of Plant Industry a fidelity bond or
						  other security in an amount not to exceed $10,000.00. To secure the faithful
						  performance of his duties under
Miss. Code Ann.
§§
												69-23-1
et
						  seq.
no surety bond shall be accepted except from companies approved
						  by the Insurance Department of Mississippi. In lieu of a surety bond, any
						  registrant of whom a bond is required may deposit with the official depository
						  of the Bureau of Plant Industry negotiable bonds of the United States
						  Government or of the State of Mississippi, having a cash value equal to the
						  amount of the bond required, the said bonds to be held in escrow by the
						  depository for the maximum time for which, the registrants may have pesticides
						  registered, or shall have pending any litigation or claim for damages suffered
						  by any person by reason of the negligence of the principal or his or its agents
						  in the conduct of said business.
Miss. Code Ann.
						  §
													69-23-9.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Additional Requirements For the Registration of Pesticides Declared Exempt From EPA Registration But Not So Under Mississippi Law › Section 2-1-3-08-01-106.01

Current through June 25, 2024
All pesticides or pesticide products declared exempt
						  from registration by EPA under Section 25b of FIFRA, or under other EPA
						  policies and guidelines are hereby declared non-exempt under Mississippi Law.
						  Accordingly such products deemed pesticides under state law must meet the
						  following requirements prior to registration:
1. Labels must meet all labeling requirements
						under Sections
						69-23-3
						through
						69-23-7.
2. For food uses, registrants must show proof
						that a food tolerance or an exemption from a food tolerance has been granted by
						EPA /FDA for all active and inert ingredients.
3. Registrants must upon request by the
						Bureau of Plant Industry submit good scientific efficacy data. The Bureau of
						Plant Industry shall determine the integrity and soundness of such data and
						make a determination if the product meets the claims made on the
						label.
4. Other proof may also be
						requested by the Bureau of Plant Industry to show that the product meets all
						label claims. The registrant must make a written request that confidentiality
						be kept of any data by the Bureau of Plant Industry.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Additional Requirements For the Registration of Pesticides Declared Exempt From EPA Registration But Not So Under Mississippi Law › Section 2-1-3-08-01-106.02

Current through June 25, 2024
Products classified as animal drugs, which make claims
						  to control insects as defined in the Act must be registered as pesticides and
						  comply with labeling requirements under Sections
						  69-23-3
						  through
						  69-23-7.
Miss. Code Ann.
						  §
													69-23-9.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Certain Organisms Declared Pests › Section 2-1-3-08-01-107

Current through June 25, 2024
The Bureau of Plant Industry does declare the
						  following to be pests:
1. Moles
						(
Scalopus aquaticus
)
2. Snails and Slugs (various species of the
Phylum Mollusca
that are known to damage plants)
3. Blackbirds (various species of crop
						damaging birds such as grackles, cowbirds, starlings and other birds known to
						damage field crops)
Miss. Code Ann.
						  §
													69-23-9.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Requirements For Adjuvants › Section 2-1-3-08-01-108.01

Current through June 25, 2024
In the case of adjuvants, surfactants, emulsifiers,
						  wetting agents, and other materials included as adjuvants which have nonionic
						  surfactants as the principal agent, the ingredient statement on the label must
						  show the percentage of the active adjuvant at least by the generic chemical
						  name and, further, that the specific chemical name identifying the hydrophobic
						  and hydrophillic portions of the molecule and the ratio of same must be given
						  on a data sheet that shall accompany the label when application for
						  registration is made, the later being necessary in order that the chemical
						  content may be determined by the State Chemist for regulatory purposes. In the
						  case of products having cationic and anionic surfactants as the principal agent
						  the chemical names of such materials must be stated in the ingredient statement
						  on the labels along with the percentage contents of the principal
						  surfactants.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Requirements For Adjuvants › Section 2-1-3-08-01-108.02

Current through June 25, 2024
In the case of products not involving hydrophobic and
						  hydrophilic portions of the molecule such as in the case of most synergists and
						  other nonsurfactant adjuvants, the chemical name of such material must be used
						  in the ingredient statement on the labels.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Requirements For Adjuvants › Section 2-1-3-08-01-108.03

Current through June 25, 2024
For any adjuvant the registrant may choose to submit a
						  validated method of analysis which may be used instead of the standard method
						  of anaylsis.
Miss. Code Ann.
						  §
													69-23-9.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Special Registrations › Section 2-1-3-08-01-109.01

Current through June 25, 2024
The Commissioner has authority under FIFRA, Sections
						  24c and 18, to approve and or seek EPA approval of the use of pesticides or
						  pesticide products for specific uses within the state for special local needs
						  and emergencies to control pest problems and to insure the safety of such
						  pesticides to man and the environment. Pesticides or pesticide products with
						  additional sites of application as approved under provisions of FIFRA shall
						  require registration and the appropriate fees shall be paid. The Bureau of
						  Plant Industry shall follow the guidelines as written and/or prescribed by the
						  EPA in registering such products.