reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Butter, Oleomargarine, and Margarine › Section 2-1-4-09-104

Current through June 25, 2024
Butter, oleomargarine, and margarine shall be offered and
						exposed for sale and sold by weight, and only in units of 1/4 pound, 1/2 pound,
						1 pound, or multiples of 1 pound, avoirdupois weight.
Miss.
						Code Ann. §
												75-27-19.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Flour, Corn Meal, and Hominy › Section 2-1-4-09-105

Current through June 25, 2024
When in package form and when packed, kept, offered, or
						exposed for sale, or sold, wheat flour, whole wheat flour, graham flour,
						self-rising wheat flour, phosphated wheat flour, bromated flour, enriched
						self-rising flour, enriched bromated flour, corn flour, corn meal, and hominy
						grits shall be packaged only in units of 2, 5, 10, 25, 50, or 100 pounds,
						avoirdupois weight. Packages in units of less than 2 pounds or more than 100
						pounds shall be permitted on authority.
Miss.
						Code Ann. §
												75-27-19.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Berries and Small Fruits › Section 2-1-4-09-106

Current through June 25, 2024
Berries and small fruits shall be offered and exposed for
						sale and sold by weight, or by measure in open containers having capacities of
						1/2 dry pint, 1 dry pint, 1 dry quart, or multiples of a quart. The marking
						provisions of section 20 of this Act shall not apply to such containers.
Miss.
						Code Ann. §
												75-27-19.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Rejected or Condemned Apparatus › Section 2-1-4-09-107

Current through June 25, 2024
Weights and measures that have been rejected or condemned
						under the authority of the director or of an inspector shall remain subject to
						the control of the rejecting authority until such time as suitable repair or
						disposition thereof has been made as required by this section. The owners of
						such rejected weights and measures shall cause the same to be made correct
						within 30 days or such longer period as may be authorized by the rejecting
						authority; or, in lieu of this, may dispose of the same, but only in such
						manner as is specifically authorized by the rejecting authority. Weights and
						measures that have been rejected shall not again be used commercially until
						they have been officially re-examined and found to be correct or until specific
						written permission for such use is issued by the rejecting authority.
Miss.
						Code Ann. §
												75-27-19.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Checking Prepackaged Commodities › Section 2-1-4-09-108

Current through June 25, 2024
The checking procedure as recommended in the National
						Institute of Standards and Technology Handbook 133, and as subsequently
						amended, shall be adopted for checking prepackaged commodities.
Miss.
						Code Ann. §
												75-27-19.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Bread › Section 2-1-4-09-109

Current through June 25, 2024
Each loaf of bread or multiple loaf of bread, made or
						procured for sale, kept, offered, exposed for sale or sold, whether the bread
						is a whole loaf, or sliced, shall be sold by avoirdupois weight.
Miss.
						Code Ann. §
												75-27-19.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Schedule of Fees for Laboratory Testing and Adjustment › Section 2-1-4-09-110

Current through June 25, 2024
Mass standards are charged for testing and then an
						adjustment charge if needed. In the tables below the "Test Fee" is followed by
						the "Test w/Adjustment Fee".
Mass Calibration
Echelon III Weights (NIST Class F; ASTM
									 Classes 5,6,7; OIML Classes M1, M2, M3
Nominal Value
Tolerance Test Fee
With Adjustment
0 - 10 lb / 0 - 5 kg
$5
$10
>10 - 100 lb / >5 - 50 kg
$10
$20
>100 - 1000 lb / >50 kg - 500
									 kg
$20
$40
>1000 lb / >500 kg
$50
$100
Weight Carts
$100
$150
Echelon II Weights (ASTM Classes 2 and 3;
									 OIML Classes F1, F2, E2)
Nominal Value
Fee for testing only, no adjustment
									 charges. Fee is PER weight
0 - 10 ls / 0 - 5 kg
$30
>10 - 20 lb / >5 - 10 kg
$40
>20 lbs/ >10 kg
$50
Volume Transfer
Nominal Value
Fee
0 - 5 Gallons
$40
>5 Gallons
$40 plus $0.75/gallon for each additional
									 gallon over five
Miss.
						Code Ann. §
												75-27-19.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Vehicle Tare Weights › Section 2-1-4-09-111

Current through June 25, 2024
Whenever stored vehicle tare weights are employed, the
						following conditions and requirements shall apply:
1. Allowable differences. The difference
					 between tare weight and stored tare weight must not exceed plus or minus three
					 (3) scale divisions. All stored vehicle tare weights shall be determined to the
					 nearest scale division.
2.
					 Notification. When stored tare weights are used, weight certificates shall
					 identify that fact by placing words such as "stored tare" next to the tare
					 weight. Abbreviations or symbols may be used, provided the terminology is
					 defined and clearly visible 9 elsewhere on the printed ticket.
3. Verification. Stored vehicle tare weights
					 shall be verified by the vehicle's owner/user in three-month intervals. The
					 business employing stored tare weights shall keep records of verification on
					 each vehicle for the Department to view. If a vehicle is modified, a new tare
					 weight shall be recorded for that vehicle before it is used again.
4. Usage. The use of stored tare weights
					 shall be limited to vehicles moving refuse material.
Miss.
						Code Ann. §
												75-27-19.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Regulations Governing Bonded Weighmasters › Section 2-1-4-09-112 - Reserved

Current through June 25, 2024
Miss. Code Ann.
						§
												75-27-19.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Regulations Governing Bonded Weighmasters › Section 2-1-4-09-113 - Reserved

Current through June 25, 2024
Miss. Code Ann.
						§
												75-27-19.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Regulations Governing Bonded Weighmasters › Section 2-1-4-09-114 - Reserved

Current through June 25, 2024
Miss. Code Ann.
						§
												75-27-19.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Regulation for Licensing of Scale Service Repairpersons and Scale Service-Repair Companies › Section 2-1-4-09-115.01 - Definitions

Current through June 25, 2024
1. Service Repairperson. Any individual who
					 for hire, award, commission, or any other payment of any kind installs,
					 services, repairs, or reconditions a commercial weighing or measuring
					 device.
2. Service Repair Company.
					 Any agency, firm, company, or corporation that for hire, award, commission or
					 any other payment of any kind installs, services, repairs or reconditions a
					 commercial weighing or measuring device.
3. Commercial Weighing and Measuring Device.
					 Any weight or measure or weighing or measuring device commercially used or
					 employed in establishing the size, quantity, extent, area, or measurement of
					 quantities, things, produce, or articles for distribution or consumption,
					 purchased, offered, or submitted for sale hire or award or in computing any
					 basic charge or payment for services rendered on the basis of weight or
					 measure. It shall also include any accessory attached to or used in connection
					 with a commercial weighing or measuring device when such accessory is so
					 designed or installed that its operation affects the accuracy of the
					 device.
Miss.
						Code Ann. §
												75-27-19.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Regulation for Licensing of Scale Service Repairpersons and Scale Service-Repair Companies › Section 2-1-4-09-115.02 - License

Current through June 25, 2024
1. All scale service repairpersons and scale
					 service repair companies must obtain a license annually from the
					 Department.
2. There shall be an
					 annual fee of $50.00 per Licensed Service Repairperson and $100.00 per Licensed
					 Service Repair Company per Miss. Code Ann. Section 75-2767. The fee shall be
					 submitted at the time application for license is made.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Regulation for Licensing of Scale Service Repairpersons and Scale Service-Repair Companies › Section 2-1-4-09-115.03 - Minimum Equipment

Current through June 25, 2024
Applicants for a license under this regulation must have
						available sufficient standards and equipment to adequately test devices as set
						forth in the Notes section of each applicable code in the current NIST Handbook
						44, Specifications, Tolerances, and Other Technical Requirements for Weighing
						and Measuring Devices. This equipment will meet the specifications of NIST
						105-series standards. This subsection shall not bar the use of additional field
						standards and/or equipment, as approved by the Commissioner for uniform
						evaluation of device performance (see subsection 115.04, Examination and
						Calibration or Certification of Standards and Testing).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Regulation for Licensing of Scale Service Repairpersons and Scale Service-Repair Companies › Section 2-1-4-09-115.04 - Examination and Calibration or Certification of Standards and Testing Equipment

Current through June 25, 2024
All field standards that are used for servicing and
						testing weights and measures devices for which a license under this regulation
						is required shall be submitted to the Department for initial verification and
						calibration and annually thereafter. A licensed service repairperson or service
						repair company shall not use in servicing commercial weighing or measuring
						devices any field standards or testing equipment that have not been calibrated
						or verified by the Department. In lieu of submission of physical standards, the
						Commissioner may accept calibration and/or verification reports from any
						laboratory that is formally accredited or recognized by NIST. The Department
						shall maintain a list of organizations from which it will accept calibration
						reports. The Department shall retain the right to periodically monitor
						calibration results and/or to verify field standard compliance to
						specifications and tolerances when field standards are initially placed into
						service or at any intermediate point between calibrations.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Regulation for Licensing of Scale Service Repairpersons and Scale Service-Repair Companies › Section 2-1-4-09-115.05 - Service Report Form

Current through June 25, 2024
1. The Department
					 shall furnish each licensee with a supply of report forms to be known as
					 "Service Report Form." Such a form shall be executed and shall include the
					 assigned licensee number, and shall be signed by a licensed service
					 repairperson or by a serviceperson representing a licensed service repair
					 company.
2. Within three days after
					 a device is restored to service or placed in service, the original of the
					 properly executed Service Report Form, together with any official rejection tag
					 removed from the device, shall be forwarded to the Department's Weights and
					 Measures Division either by U.S. mail, P.O. Box 1609; Jackson, MS 39215-1609;
					 electronic mail, wm@mdac.state.ms.us; or to fax number: 601-359-1175.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Regulation for Licensing of Scale Service Repairpersons and Scale Service-Repair Companies › Section 2-1-4-09-115.06 - Revocation of License

Current through June 25, 2024
1. The Department
					 may revoke a license for the violation of any provision of the "Weights and
					 Measures Law of 1964,"
Miss. Code Ann.
§
											75-27-1,
et seq
. and/or any violation of the regulations promulgated
					 there under.
2. The licensee shall
					 be given written notice of the Department's intent to hold a hearing for the
					 purpose of revocation of license. This written notice and any supporting
					 documentation shall be sent to the licensee by any of the methods set forth in
					 Rule 4 of the Mississippi Rules of Civil Procedure or by certified mail. The
					 notice shall include a date, time and place of the hearing and a statement of
					 the licensee's right to be heard.
The licensee may file a written answer and supporting
						documentation, if necessary, with the Department.
3. The Department shall hold the hearing no
					 later than 30 days from the date the written notice is served or
					 received.
Miss.
						Code Ann. §
												75-27-19.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Adoption of NIST Handbook 44 › Section 2-1-4-09-116.01

Current through June 25, 2024
The Department adopts current Handbook 44 as published by
						the National Institute of Standards and Technology as the specifications,
						tolerances and other technical requirements for weighing and measuring devices
						in Mississippi, except where modified, amended, or rejected herein. A copy of
						Handbook 44 may be obtained from the NIST website.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Adoption of NIST Handbook 44 › Section 2-1-4-09-116.02

Current through June 25, 2024
The Department modifies HB 44, Section 2.20. "Scales,
						UR.2.6. Approaches" by: Any slope in the remaining portion of the approach
						referred to in UR.2.6.1(c) shall be no more than ½ inch per foot and be
						constructed of concrete.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Adoption of NIST Handbook 44 › Section 2-1-4-09-116.04 - Reserved

Current through June 25, 2024
Miss. Code Ann.
						§
												75-27-19
						(Rev. 2005).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Administrative Action › Section 2-1-4-09-117.01 - Definitions

Current through June 25, 2024
a. "Administrative Complaint" means a written
					 document issued to a person or business that contains allegation(s) of
					 violation(s) of the "Weights and Measures Law of 1964" and/or the "Weights and
					 Measures Regulations" by the person or business named therein and the notice of
					 penalty(ies) for said violation(s).
b. "Administrative hearing" means an appeal
					 by the respondent in an administrative complaint to the Department for an
					 evidentiary hearing on the allegations contained in said complaint.
c. "Commissioner" means the Commissioner of
					 Agriculture and Commerce.
d.
					 "Respondent" means the person or business who receives an administrative
					 complaint alleging violation(s) of the law and the notice of penalty(ies) for
					 that violation(s).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Administrative Action › Section 2-1-4-09-117.02 - Conduct of the Administrative Hearing

Current through June 25, 2024
a. Any person who
					 receives an administrative complaint may request an administrative hearing
					 within 30 days from the date of receipt of the notice, except for a stop-sale
					 order which must be appealed within 20 days of issuance per law. The
					 Commissioner or his/her designee shall conduct a hearing after giving written
					 notice of the date, time and place of such hearing to the respondent not less
					 than fourteen (14) days prior to the commencing of the hearing. Failure to
					 request a hearing within the allotted time period shall constitute a waiver of
					 the right to a hearing.
b. The
					 Commissioner may conduct the hearing or he/she may designate a Hearing
					 Officer.
c. The respondent may
					 represent himself/herself in person or be represented by a dually authorized
					 representative.
d. 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.
e. Formal rules of
					 evidence and procedure will not apply to these proceedings but the Hearing
					 Officer may use them as a guide in the proceedings.
f. The Department will present its case first
					 and then the respondent may present its case. The Department will be allowed to
					 present rebuttal evidence.
g. At
					 the conclusion of the hearing, the Hearing Officer shall prepare a written
					 final opinion incorporating his/her findings of facts and conclusions of law.
					 This will be the final order of the Department.
h. 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 transcript.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 10 - Organic Farming Regulations (RESERVED) › Adoption of USDA Regulations › Section 2-1-4-10-102 - RESERVED

Current through June 25, 2024
Miss. Code Ann.
						§
												69-47-3.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 10 - Organic Farming Regulations (RESERVED) › Organic Certification Inspection Fees › Section 2-1-4-10-103.03 - RESERVED

Current through June 25, 2024
Miss. Code Ann.
						§
												69-47-3.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 10 - Organic Farming Regulations (RESERVED) › Registration › Section 2-1-4-10-104.02 - RESERVED

Current through June 25, 2024
Miss. Code Ann.
						§
												69-47-3.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 10 - Organic Farming Regulations (RESERVED) › Labels › Section 2-1-4-10-105 - RESERVED

Current through June 25, 2024
Miss. Code Ann.
						§
												69-47-3.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Introduction › Section 2-1-4-11-100

Current through June 25, 2024
The purpose of this Act is to improve coordination of
						aquaculture activities and to enhance related opportunities and benefits to
						U.S. citizens who are interested in pursuing aquaculture operations in
						Mississippi. The Act also provides a means of regulating operations in the
						State that would not only be beneficial to aquaculturists, but also will
						enhance and conserve a desired quality in our natural aquatic resources. The
						Act encourages aquaculture activities in Mississippi that enhance existing
						aquaculture enterprises and the development of new ones to provide increased
						job opportunities and income for the benefit of
						Mississippians.
Miss. Code Ann.
						§
												79-22-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Definitions of Aquaculture Activities › Section 2-1-4-11-101

Current through June 25, 2024
The following words where used in this chapter have the
						following meanings
1. AQUACULTURE -
					 the process of growing, farming, cultivating and/or harvesting of cultured
					 aquatic products in marine or freshwater and includes management by an
					 aquaculturist.
2. AQUACULTURIST - a
					 person who is engaged in the cultivating of cultured aquatic
					 products.
3. AQUACULTURE FACILITY -
					 any facility or resource that is used for aquaculture activities and operations
					 in Mississippi.
4. COMMISSIONER -
					 refers to the Commissioner of the Mississippi Department of Agriculture and
					 Commerce.
5. CULTURED AQUATIC
					 PRODUCTS - marine or freshwater plants or animals that are propagated, farmed
					 or cultivated in an aquaculture facility under the supervision and management
					 of an aquaculturist or that are naturally produced in an aquaculture facility
					 that at the time of production are under the active supervision and management
					 of an aquaculturist.
6.
					 CULTIVATION/MARKETING PERMIT - a permit issued by the Department, applicable to
					 design criteria to prevent release of certain cultured aquatic products from an
					 aquaculture facility into the environment. This permit is to provide a
					 mechanism for tracing marketed and cultured aquatic products to verify that
					 they were cultured in an aquaculture facility and were not harvested from wild
					 stocks and to prevent the release of undesirable species into the
					 environment.
7. BROODFISH
					 COLLECTION PERMIT
Miss. Code Ann.
§
											79-22-15(1)-
					 an approval by the Department of Wildlife, Fisheries and Parks for the
					 collection of gamefish broodstock from natural waters in the State.
8. DEPARTMENT - refers to the Mississippi
					 Department of Agriculture and Commerce (MDAC) as the charge agency for the
					 aquaculture law as per the Aquaculture Act of 1988 as amended.
Miss. Code Ann.
						§
												79-22-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Aquaculture Activities Requiring Permits › Section 2-1-4-11-102

Current through June 25, 2024
Cultivation/Marketing permit(s) are required of an
						aquaculturist who produces and/or markets aquatic products from the following
						aquatic plants and animals.
1. All
					 non-native aquatic plants and animals
2. All gamefish in Mississippi with the
					 following exceptions:
a. Black bass, bream,
					 crappie, flathead catfish, walleye and other members of the families
Centrarchidae
and
Percidae
shall not be
					 produced and sold for food consumption, but may be produced and sold for
					 stocking private recreational sportfishing waters only.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Aquaculture Activities Not Requiring Permit(s) › Section 2-1-4-11-103.01

Current through June 25, 2024
Culture of any currently recognized native aquatic
						plant, animal and non-game fish. However, marketing permits may be needed to
						aid in marketing products in other states or countries. The Department shall
						issue cultivation/marketing permits requested for such
						reasons.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Aquaculture Activities Not Requiring Permit(s) › Section 2-1-4-11-103.02

Current through June 25, 2024
Culture of catfish by the catfish industry, where
						catfish and catfish products are grown, farmed, and processed for
						sale.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Aquaculture Activities Not Requiring Permit(s) › Section 2-1-4-11-103.03

Current through June 25, 2024
Culture and retail sales of tropical fish maintained in
						closed systems utilized by pet shops, hobbyists and their
						suppliers.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Aquaculture Activities Not Requiring Permit(s) › Section 2-1-4-11-103.04

Current through June 25, 2024
Culture of minnows by licensed minnow dealers. The
						activities are covered in 49-7-29 (Department of Wildlife, Fisheries &
						Parks regulations).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Aquaculture Activities Not Requiring Permit(s) › Section 2-1-4-11-103.05

Current through June 25, 2024
Operation of fish-out lakes (pay-fishing
						lakes).
Miss. Code Ann.
						§
												79-22-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Requirements For The Culture Of Non-Native Species › Section 2-1-4-11-105.01 - The culture of Carp Species

Current through June 25, 2024
1. The culture of
					 any non-native carp species (such as bighead carp, black carp, grass carp,
					 silver carp and common carp) shall be conducted in a responsible manner that
					 excludes the possibility of escape. It is necessary to construct a barrier that
					 prevents escape of juvenile and adult fishes. Since these species are not known
					 to reproduce in a pond culture situation, it will be acceptable to double
					 screen pond drainpipes with at least one screen being of a mesh size small
					 enough to prevent the passage of fingerling carp. Window screening material
					 will not be considered adequate.
2.
					 Facilities that spawn carp fry must filter the hatchery effluent to prevent the
					 passage of eggs and/or fry from the facility. A sand or pea gravel filter is
					 the most effective measure to filter eggs and fry.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Requirements For The Culture Of Non-Native Species › Section 2-1-4-11-105.02 - The culture of Tilapia Species

Current through June 25, 2024
1. Due to the
					 prolific nature of the Tilapia species, a fish barrier shall be designed to
					 prevent the discharge of water containing Tilapia eggs, larvae, juveniles and
					 adults from the permittee's property.
2. Although Tilapia may not overwinter in
					 Mississippi waters, precautions must be taken to limit their escape into native
					 waters. This shall be accomplished by using a 1000-micron mesh
					 screen.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Requirements For The Culture Of Non-Native Species › Section 2-1-4-11-105.03 - The culture of all other non-native species

Current through June 25, 2024
The culture of any non-native species not maintained in
						a closed system must incorporate a filtering system to prevent the passage of
						eggs, larvae, juveniles and adults from the applicant's
						property.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Requirements For The Culture Of Non-Native Species › Section 2-1-4-11-105.04 - Release or escape of non-native species

Current through June 25, 2024
In the event that non-native aquatic organisms are
						released or escape from a permitted facility into waters of the state, the
						Department shall notify the Mississippi Department of Wildlife, Fisheries and
						Parks (MDWFP) as soon as possible. If the MDWFP determines that the presence of
						these non-native organisms could become or is detrimental to native fishes,
						MDWFP personnel may attempt to remove or eradicate all non-native organisms.
						All costs necessary to effect removal or eradication will or may require
						reimbursement to MDWFP by the aquaculturist responsible for the release or
						escape, if proved to be the fault of the aquaculturist through neglect and/or
						mismanagement. The aquaculturist shall not be responsible for acts of nature
						and/or unforeseen occurrences such as floods, lightning, or
						sabotage.
Miss. Code Ann.
						§
												79-22-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Permitting Process › Section 2-1-4-11-106.01 - General Aquaculture Permits

Current through June 25, 2024
1. The
					 Aquaculturist must procure a permit application from the Department by calling
					 Gene Robertson at 601-359-1102 or writing to the Mississippi Department of
					 Agriculture and Commerce, P.O. Box 1609, Jackson, MS 39215-1609, attention:
					 Gene Robertson.
2. Only U.S.
					 citizens are eligible to receive approved cultivation/marketing permits in
					 Mississippi. Proof of citizenship shall be provided with application.
3. Completed applications along with a permit
					 fee of $100.00 for the first species and $10 for each additional species should
					 be mailed to the Mississippi Department of Agriculture and Commerce, P.O. Box
					 1609, Jackson, MS 39215-1609, attention: Gene Robertson. The fee for a
					 marketing or cultivation permit issued to a nonresident of Mississippi shall be
					 $100.00 plus $10.00 per each additional species or the amount imposed on a
					 Mississippi resident by a nonresident state, whichever is greater.
4. The Department will send copies of
					 application to the review agencies and make an on-site inspection. A permit
					 will be issued following all reviews, inspections and receipt of permit
					 fee.
5. Permits are valid for a
					 period of one year from date of issuance. The Department will set permit
					 fees.
6. The cultured aquatic
					 products may be possessed by the Aquaculturist only after approval of the
					 initial application and the issuance of the original permit.
7. Other permits may be required as specified
					 by the Department of Environmental Quality.
8. Permits may be required by other state,
					 federal, city or county agencies.
Miss. Code Ann.
						§
												79-22-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Reporting Requirements › Section 2-1-4-11-107

Current through June 25, 2024
The permittee is required to submit the following
						information upon request to the Department:
1. Aquaculturists shall furnish upon request
					 to the Department a record of sales covering fish and/or plants imported and/or
					 sold, giving the species of each, the number or pounds (or other units of sale)
					 of each, date of shipment, to whom or from whom each was sold or were received
					 and the address and phone number of the supplier or purchaser at the time of
					 billing. If fish and plants have not been sold or received during the year,
					 this shall be reported. Such information shall be kept on site for a period of
					 3 years.
2. Failure to submit
					 requested information to the Department may result in cancellation of permits
					 within 60 days of written notice.
Miss. Code Ann.
						§
												79-22-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Shipping and Labeling Requirements › Section 2-1-4-11-108.01

Current through June 25, 2024
Such permitted aquatic products shall be accompanied by
						a bill of lading, waybill, invoice or other document detailing the
						following:
1. Name, address and phone
					 number of both the buyer and the seller.
2. Scientific and common name of
					 product.
3. Quantity (weight and/or
					 number) by species packaged for delivery to buyer.
4. The Cultivation/Marketing permit number
					 issued by the Department.
5. Date
					 of shipment.
6. The permittee shall
					 retain a copy of the bill of lading or similar accountable document for three
					 years and make it available to the Department upon request.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Shipping and Labeling Requirements › Section 2-1-4-11-108.02

Current through June 25, 2024
All dead or live plants and animals specified must
						conform to one of the following categories.
1. Category I. Live Animals and Plants:
a. All live animals and plants transported
					 from the permitted facility in containers or boxes shall be clearly labeled
					 with information required under subsection 108.01.
b. Live animals and plants transported using
					 a live haul vehicle shall be accompanied by information required under
					 subsection 108.01. Said information shall be maintained in the vehicle at all
					 times during transport of the product.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Broodstock Acquisition › Section 2-1-4-11-109

Current through June 25, 2024
Broodstock for aquaculture facilities may be obtained as
						follows:
1. By legal sportfishing and
					 commercial fishing harvest methods as allowed by existing
					 regulations.
2. By purchase of
					 broodstock from a permitted aquaculture facility.
3. Through use of an approved broodstock
					 collection permit from the Department of Wildlife, Fisheries and Parks.
a. Broodstock collection permit may be issued
					 on a case-by-case basis determined by the Department of Wildlife, Fisheries and
					 Parks with assured levels of compensation.
b. Harvest involves taking certain species
					 from natural waters by temporarily approved methods not covered under existing
					 regulations and limits.
c.
					 Collection under this permit requires compensation by:
i. Stocking waters with a specified size and
					 number of organisms at time(s) and place(s) specified by the Department of
					 Wildlife, Fisheries and Parks.
ii.
					 Providing a specified level of funds to the Department of Wildlife, Fisheries
					 and Parks for production by the Department or its contractors of a specified
					 number and size of organisms of a given species for stocking natural
					 waters.
d. Determination
					 of the level of compensation, if any, that is required will be made by the
					 Department of Wildlife, Fisheries and Parks on the basis of the probable impact
					 on wildstocks.
e. No broodstock
					 taken from the state waters will be allowed for sale or transport out of the
					 state, except state educational institutions and state and federal agencies may
					 transport such broodstock out of the state.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Facility Inspection and Health Certification › Section 2-1-4-11-110.01

Current through June 25, 2024
The Mississippi Department of Agriculture and Commerce
						and the Mississippi Department of Wildlife, Fisheries and Parks reserve the
						right to periodically inspect each facility for permit
						compliance.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Facility Inspection and Health Certification › Section 2-1-4-11-110.02

Current through June 25, 2024
Cultivation and marketing permits may include provisions
						for live animals or plants to be inspected for disease.
Miss. Code Ann.
						§
												79-22-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Aquaculture Building Requirements › Section 2-1-4-11-111

Current through June 25, 2024
Construction associated with aquaculture facilities
						shall not be required to exceed the building requirements specified for
						agricultural operations.
Miss. Code Ann.
						§
												79-22-13.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Violations › Section 2-1-4-11-112.01

Current through June 25, 2024
When any complaint is made against any person for
						violating any of the provisions of the Mississippi Aquaculture Act of 1988,
						Miss. Code of 1972, 79-22-1, et seq. ("act"), or any of the regulations
						promulgated thereunder, the Director of the Bureau of Regulatory Affairs of the
						Mississippi Department of Agriculture and Commerce, or his designee, shall act
						as the reviewing officer. The complaint shall be in writing and shall be filed
						in the office of the Mississippi Department of Agriculture and Commerce
						("Department"). The reviewing officer shall deliver to the accused a copy of
						the complaint, any supporting documents and a notice of hearing. An informal
						hearing shall be scheduled before the reviewing officer, which shall be held no
						sooner than twenty (20) days after written notice is delivered to the accused.
						Notification to the accused may be accomplished by certified mail or by any of
						the methods provided in Rule 4 of the Mississippi Rules of Civil Procedure. The
						accused may appear personally at said hearing and provide to the hearing
						officer a written answer and any documents and affidavits in support of his
						position. The reviewing officer shall explain the charges, and the accused may
						state his position and defenses. It is anticipated that the only persons making
						statements at this hearing will be the complainant, the reviewing officer and
						the accused. If the accused fails to appear at said hearing or to file a
						written answer, the allegations in the complaint shall be accepted as being
						true, and the reviewing officer shall enter an appropriate order. If the matter
						is contested, the reviewing officer shall review all of the evidence to
						determine the merit of the complaint.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Violations › Section 2-1-4-11-112.02

Current through June 25, 2024
If the reviewing officer determines that the complaint
						lacks merit, he may dismiss same. If he finds that there are reasonable grounds
						to find that a violation has occurred, the reviewing officer may issue a
						warning, and/or suspend or revoke the permit of the accused and/or impose a
						civil penalty of no less than $250 nor more than $1,000 for each violation. In
						the case of violations involving the marketing of non-cultured gamefish, each
						fish will be counted as a separate violation. The reviewing officer shall rule
						within a reasonable time after the hearing. A copy of the reviewing officer's
						decision shall be sent to the accused by certified mail. The accused shall have
						the right to appeal to the Commissioner of the Department by filing a notice of
						appeal with the Bureau of Regulatory Affairs within twenty (20) days of receipt
						of the reviewing officer's decision. Such appeal shall be without supersedeas.
						If no appeal is taken, said decision shall be final.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Violations › Section 2-1-4-11-112.03

Current through June 25, 2024
In the event of an appeal, the Commissioner, or his
						designee, shall conduct an evidentiary hearing relative to the charges. The
						Commissioner, or his designee, shall receive and hear all the evidence and
						arguments offered by both parties and shall afford the accused a full
						opportunity to present all defenses available to him. The testimony of
						witnesses at the hearing shall be upon oath or affirmation, and they shall be
						subject to cross-examination. The testimony shall be recorded electronically,
						but there is no requirement for it to be transcribed. The rules of evidence
						shall be relaxed.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Violations › Section 2-1-4-11-112.04

Current through June 25, 2024
Upon the conclusion of the hearing, the Commissioner, or
						his designee, shall promptly render an opinion, which either affirms, reverses
						or amends the order of the reviewing officer, in whole or in part. The
						Commissioner shall notify the accused of his opinion by certified mail. Such
						opinion shall be final. Any penalty assessed herein shall be due and payable
						within twenty (20) days after the order in which it is assessed becomes final.
						The computation of time under this regulation shall be the same as that set
						forth in the Mississippi Rules of Civil Procedure.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 11 - Guidelines For Aquaculture Activities › Agency Listing › Section 2-1-4-11-113 - Contact information

Current through June 25, 2024
1. Mississippi
					 Department of Agriculture and Commerce
P. O. Box 1609
Jackson, MS 39215-1609
601-359-1102
2. Department of Environmental Quality
Office of Land and Water Resources
P. O. Box 10631
Jackson, MS 39289-0631
601-961-5200
3. Department of Environmental Quality
Office of Pollution Control
P. O. Box 10385
Jackson, MS 39205
601-961-5171
4. State Department of Health
State Health Officer's Office
P.O. Box 1700
Jackson, MS 39215-1700
601-960-7634
5. Mississippi Department of Wildlife,
					 Fisheries and Parks
Fisheries Division
P.O. Box 451
Jackson, MS 39205-0451
601-364-2200
6. Mississippi Department of Marine Resources
152 Gateway Drive
Biloxi, MS 39531
228-385-5860
7. District Engineer
U. S. Army Engineer
District Mobile
Attn: SAMOP-S
P.O. Box 2288
Mobile, AL 36628
205-694-3775
8. District Engineer
U. S. Army Engineer
District Vicksburg
Attn: LMKOD-FE
4155 Clay Street Vicksburg, MS 39180-5191
601-634-5289
Miss. Code Ann.
						§
												79-22-13.