reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 07 - Farmers Market Nutrition Program › Administrative Procedure › Section 2-1-2-07-123

Current through June 25, 2024
The Department shall provide the recipient, local agency
						or farmer/farmers' market with written notification of the adverse action, the
						causes for the action, and the effective date of the action, including the
						agency's determination of whether the action shall be postponed if it is
						appealed. The notification of an adverse action shall be provided by certified
						mail, return receipt requested, at least fifteen days before the effective date
						of the action. An adverse action may be postponed, at the Department's option,
						if the Department finds that recipients would be unduly inconvenienced by the
						adverse action. In a case where a recipient appeals the termination of
						benefits, the recipient shall continue to receive FMNP benefits until a final
						decision is reached by the Department or the expiration of the current FMNP
						season, whichever occurs first. Applicants who are denied benefits may appeal
						the denial, but shall not receive benefits while awaiting the
						decision.
Miss. Code Ann.
						§
												69-1-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 07 - Farmers Market Nutrition Program › Administrative Procedure › Section 2-1-2-07-124

Current through June 25, 2024
The recipient, local agency or farmer/farmers' market may
						appeal the adverse action and request an administrative hearing within thirty
						(30) days from the date of the notification. The Commissioner of the Department
						shall appoint an impartial hearing officer, who shall conduct a hearing after
						giving written notice of the date, time and place of such hearing to the farmer
						or farmers' market not less than fourteen (14) days prior to commencing the
						hearing. Failure to request a
Miss. Code Ann.
						§
												69-1-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 07 - Farmers Market Nutrition Program › Administrative Procedure › Section 2-1-2-07-125

Current through June 25, 2024
The Department shall cause the hearing to be recorded by
						a court reporter. Any party may, at its own expense, request the court reporter
						to prepare a transcript of the hearing. The Mississippi Rules of Evidence shall
						not apply to these proceedings, but the Hearing Officer may use them as a guide
						in the proceedings. The parties will have the opportunity to confront and cross
						examine adverse witnesses
Miss. Code Ann.
						§
												69-1-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 07 - Farmers Market Nutrition Program › Administrative Procedure › Section 2-1-2-07-126

Current through June 25, 2024
At the conclusion of the hearing, the Hearing Office
						shall prepare a written recommendation. The Commissioner may adopt or reject
						the recommendation as the final order of the Department or remand the matter
						for future proceedings. The final order shall be issued within sixty (60) days
						from the date of receipt of the request for a hearing by the Department. The
						recipient, local agency or farmer/farmers ' market shall have thirty (30) days
						from the date of entry of the final order to pay any penalties that may be
						imposed. The decision of the Department may be appealed to the Circuit Court of
						the First Judicial District of Hinds County. The appealing party shall be
						responsible for the costs of preparing the record on appeal, including the
						costs of the transcript
Miss. Code Ann.
						§
												69-1-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 07 - Farmers Market Nutrition Program › Administrative Procedure › Section 2-1-2-07-127

Current through June 25, 2024
In addition, all fair hearing procedures are pursuant to
						7 CFR
						§248.16 of the WIC.
Farmers' Market Nutrition Program Consolidated
						Regulations.
Miss. Code Ann.
						§
												69-1-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 08 - Revolving Fund Guidelines › Section 2-1-2-08-100

Current through June 25, 2024
To participate in the Mississippi Department of
					 Agriculture and Commerce Revolving Fund program, the grower must be a resident
					 of Mississippi.
Miss. Code Ann.
					 §
											69-2-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 08 - Revolving Fund Guidelines › Section 2-1-2-08-102

Current through June 25, 2024
The Mississippi Department of Agriculture and Commerce
					 will only pay the grower for produce that he grew and not produce that he
					 acquired from other growers.
Miss. Code Ann.
					 §
											69-2-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 08 - Revolving Fund Guidelines › Section 2-1-2-08-103

Current through June 25, 2024
All sales financed by the Mississippi Department of
					 Agriculture and Commerce will be on a Mississippi Department of Agriculture and
					 Commerce sales invoice.
Miss. Code Ann.
					 §
											69-2-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 08 - Revolving Fund Guidelines › Section 2-1-2-08-104

Current through June 25, 2024
The grower will sign a "Mississippi Department of
					 Agriculture and Commerce Revolving Fund Contract Assignment".
Miss. Code Ann.
					 §
											69-2-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 08 - Revolving Fund Guidelines › Section 2-1-2-08-105

Current through June 25, 2024
The Mississippi Department of Agriculture and Commerce
					 will not provide quick payment for any sale that is made, unless that buyer
					 (excluding state and federal agencies) is listed in the "Redbook Credit
					 Services" with a good credit rating and an excellent payment record. Sales to a
					 buyer will be made according to the standards set forth in the "Redbook Credit
					 Services". A buyer with 3 or more stars will be limited to an outstanding
					 balance with the Fund up to $200,000.00 and a buyer with 3 stars or less will
					 be limited to an outstanding balance with the Fund up to $50,000.00. All
					 decisions regarding the balance that a buyer may accumulate will be based on
					 the buyer's financial key, or stars, trading practices and pay
					 practices.
Miss. Code Ann.
					 §
											69-2-13
					 (Rev. 2012).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 08 - Revolving Fund Guidelines › Section 2-1-2-08-106

Current through June 25, 2024
The amount of unpaid invoices attributable to a grower may
					 not exceed $150,000.00 at any given time, no matter how many buyers are
					 involved.
Miss. Code Ann.
					 §
											69-2-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 08 - Revolving Fund Guidelines › Section 2-1-2-08-107

Current through June 25, 2024
If the grower request a specific buyer to market his
					 produce, the buyer will have to comply with all of the guidelines in paragraph
					 6 and the grower will have to get the buyer to sign a "Buyer's Agreement" with
					 the Mississippi Department of Agriculture and Commerce. The original "Buyer's
					 Agreement will be mailed to the Mississippi Department of Agriculture and
					 Commerce Revolving Fund office.
Miss. Code Ann.
					 §
											69-2-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 08 - Revolving Fund Guidelines › Section 2-1-2-08-108

Current through June 25, 2024
All invoices to the Mississippi Department of Agriculture
					 and Commerce submitted by the participating grower will be processed within 5
					 days of remittance to the Department's Revolving Fund Office in Jackson. All
					 invoice corrections if any (acceptance, count and sale amount) should be made
					 before faxing, mailing or delivering to the Revolving Fund office. If the
					 invoices are not received within this time limit, then the grower will not be
					 paid until the Revolving Fund receives payment from the
					 buyer.
Miss. Code Ann.
					 §
											69-2-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 08 - Revolving Fund Guidelines › Section 2-1-2-08-109

Current through June 25, 2024
All buyers must pay for the commodities within 30 days
					 after receipt and acceptance of the grower's commodities. If payment is not
					 received within the specified time period a "Notice of Intent to Preserve
					 P.A.C.A. Trust Benefits" will be sent to the buyer by certified
					 mail.
Miss. Code Ann.
					 §
											69-2-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 08 - Revolving Fund Guidelines › Section 2-1-2-08-110

Current through June 25, 2024
If any buyer defaults on payment of any sale made on a
					 Mississippi Department of Agriculture and Commerce invoice, the grower will
					 assume all responsibility for repayment of any uncollected debt to the
					 Mississippi Department of Agriculture and Commerce Revolving
					 Fund.
Miss. Code Ann.
					 §
											69-2-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 08 - Revolving Fund Guidelines › Section 2-1-2-08-111

Current through June 25, 2024
The Mississippi Department of Agriculture and Commerce
					 Revolving Fund will not pay any freight charges for hauling
					 produce.
Miss. Code Ann.
					 §
											69-2-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 08 - Revolving Fund Guidelines › Section 2-1-2-08-112

Current through June 25, 2024
The Mississippi Department of Agriculture and Commerce
					 Revolving Fund will not hold out a portion on a grower's check to pay another
					 grower.
Miss. Code Ann.
					 §
											69-2-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 08 - Revolving Fund Guidelines › Section 2-1-2-08-113

Current through June 25, 2024
The Mississippi Department of Agriculture and Commerce
					 Revolving Fund does not have the responsibility, or the authority to deduct an
					 assessment fee from a grower's check to pay any fruit or vegetable
					 organization.
Miss. Code Ann.
					 §
											69-2-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 08 - Revolving Fund Guidelines › Section 2-1-2-08-114

Current through June 25, 2024
The National Watermelon Promotion Board has advised the
					 Mississippi Department of Agriculture and Commerce Revolving Fund that a
					 4.0-cent assessment per hundredweight will be mandatory on all watermelon
					 producers who grow 10 or more acres of watermelons per year. This assessment
					 was enacted under the Federal Government "Watermelon Research and Promotion
					 Act" of 1986. This mandatory assessment will be deducted from the grower's
					 check on each watermelon load.
Miss. Code Ann.
					 §
											69-2-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Definitions › Section 2-1-2-09-100

Current through June 25, 2024
The following terms shall have the meaning ascribed
						herein unless the context shall otherwise require:
1. "Person" shall mean any person, firm,
					 association, or corporation.
2.
					 "Grain" shall mean all grains for which standards have been established
					 pursuant to the United States Grain Standards Act as amended, and rice as
					 defined by the Agriculture Marketing Act of 1946, as amended.
3. "Grain Dealer" shall mean any person
					 engaged in the business of buying grain from producers thereof for resale or
					 for milling or processing. A producer of grain buying grain for his own use as
					 seed or feed shall not be considered as being engaged in the business of buying
					 grain for resale or for milling or processing.
4. "Producer" shall mean the owner, tenant or
					 operator of land in this state who has an interest in and receives all or any
					 part of the proceeds from the sale of the grain produced thereon.
5. "Department" shall mean the Mississippi
					 Department of Agriculture & Commerce.
6. "Commissioner" shall mean the Commissioner
					 of the Mississippi Department of Agriculture & Commerce, or his designated
					 representative.
7. "Date of
					 Delivery of Grain to the Dealer" shall mean the date that such grain is
					 physically delivered to the dealer for the purpose of sale to the dealer. It
					 does not mean the date that the grain is delivered for the purpose of storage;
					 if the grain is in storage, then the delivery date is the date the Warehouse
					 Receipt is cancelled.
8. "Location"
					 shall mean any site other than the principal office where the grain dealer
					 engages in the business of purchasing grain from producers.
9. "Accountant" shall mean any person
					 qualified in the skills of practicing Accounting.
10. "Certified Public Accountant" shall mean
					 a Public Accountant who is licensed in the State of Mississippi.
11. "Daily Grain Transaction Report" shall
					 mean a record of the daily transactions of a grain dealer showing the amount of
					 all grain received, shipped, and on hand at day's end.
12. "Price Later Contract," "Basis Contract,"
					 "Deferred Price Contract," "Delayed Price Contract," "Growers Option Contract"
					 or similar agreement means a complete written contract and it constitutes a
					 bona fide sale and a change in ownership when either the price for the grain or
					 the formula for determining the price has been agreed upon and the contract
					 obligation is either paid in full or carried as an account payable.
Miss. Code Ann.
						§
												75-45-313.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Application of Rules and Regulations › Section 2-1-2-09-101.01

Current through June 25, 2024
These rules and regulations apply to all persons who buy
						grain from producers in the State of Mississippi and are subject to change and
						modification as the Department may from time to time deem advisable, and to
						such exceptions as may be considered just and reasonable in individual
						cases.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Application of Rules and Regulations › Section 2-1-2-09-101.02

Current through June 25, 2024
Any person buying grain in substantial amounts from
						producers for reasons, such as livestock feeding or seed for resale, are
						determined to be grain dealers and are covered by these rules and
						regulations.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Application of Rules and Regulations › Section 2-1-2-09-101.03

Current through June 25, 2024
Every grain dealer domiciled outside the State of
						Mississippi, who does not maintain an office or place of business in
						Mississippi, who buys grain from producers in Mississippi, shall be covered
						under the Act and these rules and regulations for that part of his business
						that comes from Mississippi.
Miss. Code Ann.
						§
												75-45-313.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Application for License › Section 2-1-2-09-102.01

Current through June 25, 2024
All applications for a license to operate as a grain
						dealer shall be made on forms supplied by the Department, with all information
						furnished as required and the application sworn to under oath as required by
						the Act and these Rules and Regulations.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Application for License › Section 2-1-2-09-102.02

Current through June 25, 2024
The application shall include all addresses of locations
						where the grain dealer engages in the business of buying grain and shall
						identify the principal location that such business is engaged
						in.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Application for License › Section 2-1-2-09-102.03

Current through June 25, 2024
The grain dealer's application shall be accompanied by a
						chart showing the locations of all facilities to be used by the dealer,
						including a bin chart assigning each bin a number, and listing the measurements
						including length, width and depth, the capacity and the bushels per
						foot.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Application for License › Section 2-1-2-09-102.04

Current through June 25, 2024
The application shall be accompanied by a current
						financial statement, prepared by and provided to the Department by an
						independent certified public accountant who is not affiliated with the grain
						dealer's business. The applicant must also execute and provide in conjunction
						with the application a financial audit release in a form prescribed by the
						Department. The release will authorize the applicant's auditor/CPA to directly
						disclose copies of the current financial statement to the
						Department.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Application for License › Section 2-1-2-09-102.05

Current through June 25, 2024
If the applicant applies for waiver of bond in excess of
						the $25,000 minimum, the financial statement must be certified by a certified
						public accountant, with an unqualified opinion thereon.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Application for License › Section 2-1-2-09-102.07

Current through June 25, 2024
On request for waiver of bond in excess of the $25,000
						minimum, the financial statement shall show that the fixed assets are covered
						by insurance and must indicate the total dollar amount of coverage. The method
						of insuring the grain inventory shall be described.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Application for License › Section 2-1-2-09-102.08

Current through June 25, 2024
An application for renewal of a license must indicate
						changes in locations and/or facilities from the prior year.
Miss. Code
						Ann. §
												75-45-313.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Surety Bond › Section 2-1-2-09-103.01

Current through June 25, 2024
Before a license is issued to the applicant, he shall
						file with the Department a surety bond in accordance with Section
						75-45-305
						of the Act. The bond must be executed on forms supplied by the Department and
						made payable to the people of the State of Mississippi with the Commissioner of
						the Department as trustee.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Surety Bond › Section 2-1-2-09-103.02

Current through June 25, 2024
The name and address of the grain dealer on the surety
						bond shall correspond with the name and address in the
						application.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Surety Bond › Section 2-1-2-09-103.03

Current through June 25, 2024
Every bond must be signed by the grain dealer in the
						same manner as the application, and if the applicant is a corporation, the
						corporate seal shall be affixed thereto.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Surety Bond › Section 2-1-2-09-103.04

Current through June 25, 2024
Every bond so filed shall contain a provision that it
						may not be cancelled by the principal or surety company, except on 60 days
						prior notice in writing, by certified mail to the Commissioner. A copy of such
						notice shall be mailed on the same day to the principal. The cancellation shall
						not affect the liability accrued or which may accrue under such bond before the
						expiration of the 60 days. The notice shall contain a proposed termination
						date.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Surety Bond › Section 2-1-2-09-103.05

Current through June 25, 2024
If, at the end of the 60 days prior notice of
						cancellation, the grain dealer has not replaced the bond, he shall immediately
						notify all of the producers from whom he is currently buying grain and the
						holders of "price later contracts" that his bond has been cancelled and that he
						is no longer a licensed grain dealer.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Surety Bond › Section 2-1-2-09-103.07

Current through June 25, 2024
All grain dealers must furnish a minimum $25,000 bond.
						To be eligible for waiver of any bond requirement in excess of the $25,000
						minimum bond, the grain dealer's net worth and net assets over and above all
						other obligations must be equal to at least (3) three times the amount of the
						original bond requirement.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Surety Bond › Section 2-1-2-09-103.08

Current through June 25, 2024
During the first year of operation, if a grain dealer
						has purchased an amount of grain equal to his initial estimate, he shall
						re-adjust the estimate and immediately furnish the Department with sufficient
						additional bond to cover the additional projected purchases.
Miss. Code Ann.
						§
												75-45-305.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Fees › Section 2-1-2-09-104.02

Current through June 25, 2024
When applicable, a fee of $10 for each certificate that
						a license has been issued or renewed and a bond filed shall accompany the
						application. These certificates must be posted in each location and carried in
						each truck or tractor-trailer unit used to pick up grain from the producers for
						a grain dealer.
Miss. Code Ann.
						§
												75-45-307.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Right of Examination, and Required Records › Section 2-1-2-09-105.01

Current through June 25, 2024
Each grain dealer shall permit any officer or authorized
						representative of the Department to enter all locations listed in accordance
						with subsection 102.02 of this chapter and inspect or examine all contents,
						facilities, equipment, records, books and accounts relating thereto. Such
						inspection and/or examination may be made on any business day, during usual
						business hours. The grain dealer shall provide the necessary assistance
						required for any inspection or examination made in accordance with the Act and
						these rules and regulations.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Right of Examination, and Required Records › Section 2-1-2-09-105.02

Current through June 25, 2024
A consecutive page numbered permanent record of purchase
						receipts and shipments will be maintained and these records will be used to
						maintain the Daily Grain Transaction Report. This report must clearly indicate
						all grain which has been sold by means of a "price later contract." In cases
						where the grain dealer is also a licensed warehouseman, the Daily Position
						Report can be used in lieu of the Daily Grain Transaction Report and must be a
						consecutive page numbered permanent record.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Right of Examination, and Required Records › Section 2-1-2-09-105.03

Current through June 25, 2024
A "price later contract" shall be made out in duplicate
						on a form approved by the Department. One copy shall be given to the producer
						and the other copy kept for the grain dealer's files. The statement that the
						grain is covered by the grain dealer's bond for only 270 days from the date of
						delivery shall be printed on the contract directly above the place for the
						producer to sign. To validate the contract, both the producer and the grain
						dealer shall sign this agreement. This contract must be written and contain a
						clear agreement between the two parties involved as to how the price will be
						determined.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Right of Examination, and Required Records › Section 2-1-2-09-105.04

Current through June 25, 2024
Regardless of the type of record system used, it must be
						kept up-to-date. There shall not be a lag of more than 7 days in posting to
						this record. All records must be maintained for a period of not less than one
						year.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Right of Examination, and Required Records › Section 2-1-2-09-105.05

Current through June 25, 2024
To retain his license, a grain dealer must maintain a
						liquid position throughout the year. There shall be no evidence of post-dated
						checks, checks returned by a bank due to nonsufficient funds, or that a
						producer has been asked not to cash a grain dealer's check until a specified
						date. Any evidence that indicates a non-liquid position shall be grounds for
						the suspension or revocation of the grain dealer's license.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Right of Examination, and Required Records › Section 2-1-2-09-105.06

Current through June 25, 2024
The Department may require the grain dealer to report
						the number of bushels and kind of grain under price later contract at the end
						of any month. Such report shall be requested by the Department prior to the end
						of the month in question and shall be forwarded to the Department by not later
						than the 10th day of the following month.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Right of Examination, and Required Records › Section 2-1-2-09-105.07

Current through June 25, 2024
The Department may require the grain dealer to provide a
						current profit and loss statement and balance sheet; the total bushels of grain
						and kind sold by means of price later contracts; a Daily Grain Transaction
						Report; a report of hedging activities; and a review of the activities of the
						hedging account for the past 60 days. Such information will be furnished to the
						Department within 10 days upon request.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Right of Examination, and Required Records › Section 2-1-2-09-105.08

Current through June 25, 2024
Any person buying grain in the field from producers for
						a grain dealer must have a certificate from the grain dealer authorizing him to
						do so.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Right of Examination, and Required Records › Section 2-1-2-09-105.09

Current through June 25, 2024
The grain dealer must give the producer a document
						indicating the weight, grade, dockage, and the price of the grain upon
						settlement.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Right of Examination, and Required Records › Section 2-1-2-09-105.10

Current through June 25, 2024
The document representing grain delivered to the grain
						dealer shall be clearly marked "Sold" and the price indicated thereon, unless
						it has been sold by means of a price later contract. In such case, the document
						will be marked "Sold Price Later Contract" or similar wording. This document
						does not replace or substitute for any other requirement of the Act or these
						rules and regulations.
Miss. Code Ann.
						§
												75-45-309.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 09 - Grain Dealers › Posting of Notices › Section 2-1-2-09-106

Current through June 25, 2024
The Department may from time to time require the grain
						dealer to conspicuously display certain notices or other information as the
						Department may deem necessary.
Miss. Code Ann.
						§
												75-45-313.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Definitions › Section 2-1-2-10-100

Current through June 25, 2024
As used in these regulations, unless the context
						otherwise clearly requires:
1. "Act"
					 shall mean the "Mississippi Grain Warehouse Law," Title 75, Chapter 44, Section
					 1-71, Miss. Code Ann. , as amended.
2. "Bin" shall mean a bin, tank, interstice,
					 or other container in a warehouse in which bulk grain may be stored.
3. The term "Commissioner" shall mean the
					 Commissioner of the Mississippi Department of Agriculture and Commerce, or his
					 designated representative.
4.
					 "Grain" shall mean all grains for which standards have been established
					 pursuant to the United States Grain Standards Act as amended, and rice as
					 defined by the Agriculture Marketing Act of 1946, as amended.
5. "Grain Bank Grain" shall mean grain owned
					 by a depositor and held temporarily by the warehouseman for use in the
					 formulation of feed to be returned to the depositor on demand.
6. "Inspector" shall mean a person authorized
					 by the warehouseman to weigh, inspect, grade and/or certificate the weight and
					 grade of grain stored or to be stored in a grain warehouse.
7. "License" shall mean a license issued
					 under the Act to a warehouse or warehouseman.
8. "Person" includes individuals,
					 corporations, partnerships and all associations of two (2) or more persons
					 having a joint or common interest.
9. "Grain Warehouse" shall mean any building,
					 structure or other protected enclosure in the state used for the purpose of
					 storing grain for a consideration.
10. "Grain Warehouseman" shall mean any
					 person who operates a grain warehouse as herein defined.
11. "Station" shall mean two (2) or more
					 warehouses, which do not exceed eight (8) miles in distance, operated by one
					 (1) person.
12. "Stored grain"
					 shall mean any grain received in any public grain warehouse, located in this
					 state, if same is not purchased and beneficially owned by the grain
					 warehouseman.
13. "Warehouse
					 receipt" shall mean a negotiable grain storage receipt and/or a nonnegotiable
					 scale ticket by a grain warehouse.
Miss. Code Ann.
						§
												75-44-5
						and §
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Application of Rules and Regulations › Section 2-1-2-10-101

Current through June 25, 2024
These rules and regulations apply to all persons engaged
						in the business of storing grain, whether or not any of the grain therein is
						owned by the person, as defined by the" Mississippi Grain Warehouse Law" and
						are subject to change and modification as the Commissioner may from time to
						time deem advisable and to such exceptions as may be considered just and
						reasonable in individual cases.
Miss. Code Ann.
						§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Licensing Requirements › Section 2-1-2-10-102.01

Current through June 25, 2024
Any person engaged in, or desiring to establish a grain
						warehouse business shall make application to the Mississippi Department of
						Agriculture and Commerce on forms prescribed by the Commissioner. Each
						application shall be accompanied with an application fee of $150.00 and a
						license fee as provided for. The license fee will be returned if a license is
						refused.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Licensing Requirements › Section 2-1-2-10-102.02

Current through June 25, 2024
A chart showing the location of all facilities to be
						licensed, including a bin chart assigning a number to each bin or compartment,
						will be attached to the application.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Licensing Requirements › Section 2-1-2-10-102.03

Current through June 25, 2024
Each application for license or renewal thereof shall be
						accompanied by a current financial statement prepared by and provided to the
						Department by an independent certified public accountant who is not affiliated
						with the grain warehouseman's business. The applicant must also execute and
						provide in conjunction with the application a financial audit release in a form
						prescribed by the Department. The release will authorize the applicant's
						auditor/CPA to directly disclose copies of the current financial statement to
						the Department. The accountant, in addition to preparing the financial
						statement, must check and certify to the accuracy of the accounts receivable
						and listed inventories. Such financial statement to include, but not limited
						to, a balance sheet and operating statement as of the close of the most recent
						fiscal year. A warehouse may furnish a detailed listing of insurable assets
						such as buildings, machinery, equipment and merchandise inventory listing the
						current market value of such assets and the extent that such assets are
						protected by insurance against loss or damage. A Certificate of Insurance on
						the insurable assets, providing that no cancellation shall be effective unless
						thirty (30) days advance notice of such cancellation is given to the
						Commissioner is to be furnished to comply with the net asset requirement of
						Section 75-44-21 of the
						Act.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Licensing Requirements › Section 2-1-2-10-102.04

Current through June 25, 2024
Each application for license or renewal thereof shall be
						accompanied by a Certificate of Issuance of Insurance. Such insurance to at all
						times keep the grain stored in the grain warehouse insured for its full market
						value against loss by fire, inherent explosion, lightning and windstorm. All
						policies shall provide that no cancellation shall be effective unless thirty
						(30) day prior notice is given to the Commissioner.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Licensing Requirements › Section 2-1-2-10-102.05

Current through June 25, 2024
Every grain warehouseman shall file, with his
						application for license, a copy of his schedule of charges for storage and
						other services. The schedule of charges shall be kept conspicuously posted and
						shall be strictly adhered to.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Licensing Requirements › Section 2-1-2-10-102.06

Current through June 25, 2024
Before any person is granted a license, such person
						shall give a bond to the Commissioner executed by the grain warehouseman as
						principal and by corporate surety licensed to do business in this state as a
						surety. The bond shall be in favor of the Commissioner for the benefit of all
						persons interested, their legal representative, attorneys or assigns,
						conditioned upon the faithful compliance by the grain warehouseman. The amount
						of bond to be furnished for each grain warehouse is detailed in Section
						75-44-31 of the
						Act.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Licensing Requirements › Section 2-1-2-10-102.07

Current through June 25, 2024
Immediately upon the receipt of his license, the grain
						warehouseman shall keep it posted in a conspicuous place in the office of the
						public warehouse where receipts issued by such grain warehouseman are delivered
						to depositors.
Miss. Code
						Ann. §§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Examinations › Section 2-1-2-10-103.01

Current through June 25, 2024
Each licensed warehouse or warehouseman shall permit any
						officer or authorized representative of the Mississippi Department of
						Agriculture and Commerce to enter and inspect or examine, on any business day,
						during usual business hours, the grain warehouse's business, mode of conducting
						the same, facilities, equipment, inventories, property, books, records,
						accounts, papers and minutes of proceedings held at such grain warehouse, and
						any other records deemed relevant to the operation of the grain warehouse. The
						warehouseman shall provide the necessary assistance required for any
						examination made in accordance with the Act.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Examinations › Section 2-1-2-10-103.02

Current through June 25, 2024
All scales used for the weighing of property in grain
						warehouses shall be subject to test by a scale inspector of the Weights and
						Measures Division of the Mississippi Department of Agriculture and
						Commerce.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Examinations › Section 2-1-2-10-103.03

Current through June 25, 2024
Every grain warehouse shall be examined at least yearly
						by a representative of the Commissioner of Agriculture and Commerce. Additional
						examinations may be made at any time, at the discretion of the
						Commissioner.
Miss. Code Ann.
						§
												75-44-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Bonding › Section 2-1-2-10-104.01

Current through June 25, 2024
Each applicant for a warehouse license shall, as a
						condition to the granting thereof, file or have on file with the Commissioner a
						current and effective bond, running to the Commissioner, executed by the
						applicant as principal, and by a corporate surety licensed to do business in
						this state, as surety.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Bonding › Section 2-1-2-10-104.03

Current through June 25, 2024
1. The bond shall be conditioned upon
a. the faithful performance of all
					 obligations of a warehouseman under the law and these regulations from the
					 effective date of the bond until the earlier of the time the license is revoked
					 or the bond is canceled, and
b.
					 such faithful performance from the effective date of the bond and thereafter,
					 whether or not the warehouse or warehouses operated by the warehouseman exist
					 on the effective date of the bond or are assumed subsequent to that date but
					 prior to the earlier of the time the license of the warehouseman is revoked or
					 the bond is canceled.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Bonding › Section 2-1-2-10-104.04

Current through June 25, 2024
If a warehouseman elects to file a single bond for all
						warehouses operated by him, the entire amount of the bond shall be held on
						behalf of any depositor of any warehouse operated by him. Any person claiming
						any rights under the bond, which rights are asserted with respect to one
						warehouse operated by a warehouseman who operates more than one warehouse,
						shall be entitled to recover the entire amount of the warehouseman's bond for
						such claim.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Bonding › Section 2-1-2-10-104.05

Current through June 25, 2024
The total and aggregate liability of the surety on any
						bond required by law shall be limited to the amount specified in the
						bond.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 10 - Grain Warehouses › Bonding › Section 2-1-2-10-104.06

Current through June 25, 2024
The surety bond shall be effective on the date of issue,
						shall not affected by the expiration of the license period and shall continue
						in full force and effect until cancelled. The continuous nature of the bond
						shall in no event be construed as allowing the liability of the surety under a
						bond to accumulate for each successive license period during which the bond is
						in force but shall be limited in the aggregate to the bond amount stated or
						changed by appropriate endorsement or rider.