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 01 - Public Records Request Procedure › Schedule of Fees › Section 2-1-2-01-104 - Mailing fee

Current through June 25, 2024
The actual cost for mailing such records, if applicable,
						shall be calculated at the applicable rate for each such
						mailing.
Miss. Code
						Ann. §
												25-61-1 et
						seq.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 01 - Public Records Request Procedure › Schedule of Fees › Section 2-1-2-01-105 - Payment of fees

Current through June 25, 2024
Requestor shall send a check to the Department for the
						estimated costs of answering the request. However, if actual costs exceed the
						estimated costs, the additional costs shall be paid by the person requesting
						such records prior to the release of the records.
Miss. Code
						Ann. §
												25-61-1 et
						seq.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 01 - Public Records Request Procedure › Requests › Section 2-1-2-01-107 - Where to Send Requests

Current through June 25, 2024
All requests must be mailed, delivered or transmitted
						electronically to the Department. Oral and telephone requests will not be
						accepted.
Miss. Code
						Ann. §
												25-61-1 et
						seq.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 01 - Public Records Request Procedure › Requests › Section 2-1-2-01-108 - Written Request Required

Current through June 25, 2024
Each request must be in the form of a letter addressed to
						the Department. All requests must include a specific description, identity and
						name of the records requested.
Miss. Code
						Ann. §
												25-61-1 et
						seq.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 01 - Public Records Request Procedure › Requests › Section 2-1-2-01-109 - Name, Address and Signature of Requestor

Current through June 25, 2024
Each request must include the full name, telephone
						number, and mailing address of the requestor.
Miss. Code
						Ann. §
												25-61-1 et
						seq.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 01 - Public Records Request Procedure › Requests › Section 2-1-2-01-110 - Department Response

Current through June 25, 2024
As provided in
Mississippi Code
						Annotated
Section 25-615, all public records in the possession of the
						Department not specifically exempt by the Act, or this Regulation, shall be
						made available upon written request within seven (7) working days from the date
						of receipt of said request. If the Department is unable to produce the record
						by the seventh working day, it will provide a written explanation to the
						requestor. If the request is denied, the Department will notify the requestor
						in writing that the request is denied and provide the specific reason for the
						denial.
Miss. Code
						Ann. §
												25-61-1 et
						seq.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 02 - Procedure for Oral Proceedings on Rule-Making › Scope › Section 2-1-2-02-100

Current through June 25, 2024
Rules 100-112 are promulgated pursuant to
Miss.
						Code Ann.
§
											25-43-3.104(2)(d)
						 of the Administrative Procedures Law, and
						apply to all oral proceedings held for the purpose of providing the public with
						an opportunity to make oral presentations on proposed new rules and amendments
						to rules before the Department pursuant to §
											25-43-3.104.
Miss. Code Ann.
						§
												25-43-2.104
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 02 - Procedure for Oral Proceedings on Rule-Making › When Oral Proceedings Will Be Scheduled on Proposed Rules › Section 2-1-2-02-101

Current through June 25, 2024
The Department will conduct an oral proceeding on a
						proposed rule or amendment if requested by a political subdivision, an agency
						or ten (10) persons in writing within twenty (20) days after the filing of the
						notice of the proposed rule.
Miss. Code Ann.
						§
												25-43-2.104
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 02 - Procedure for Oral Proceedings on Rule-Making › Request Format › Section 2-1-2-02-102

Current through June 25, 2024
Each request must be printed or typewritten, or must be
						in legible handwriting. Each request must be submitted on standard business
						letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a
						letter addressed to the Department and signed by the
						requestor(s).
Miss. Code Ann.
						§
												25-43-2.104
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 02 - Procedure for Oral Proceedings on Rule-Making › Notification of Oral Proceeding › Section 2-1-2-02-103

Current through June 25, 2024
The date, time and place of all oral proceedings shall
						be filed with the Secretary of State's office and mailed to each requestor. The
						oral proceedings will be scheduled no earlier than twenty (20) days from the
						filing of this information with the Secretary of State.
Miss. Code Ann.
						§
												25-43-2.104
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 02 - Procedure for Oral Proceedings on Rule-Making › Presiding Officer › Section 2-1-2-02-104

Current through June 25, 2024
The Commissioner or his designee, who is familiar with
						the substance of the proposed rule, shall preside at the oral proceeding on a
						proposed rule.
Miss. Code Ann.
						§
												25-43-2.104
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 02 - Procedure for Oral Proceedings on Rule-Making › Public Presentations and Participation › Section 2-1-2-02-105

Current through June 25, 2024
At an oral proceeding on a proposed rule, persons may
						make oral statements and make documentary and physical submissions, which may
						include data, views, comments or arguments concerning the proposed
						rule.
Miss. Code Ann.
						§
												25-43-2.104
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 02 - Procedure for Oral Proceedings on Rule-Making › Public Presentations and Participation › Section 2-1-2-02-106

Current through June 25, 2024
Persons wishing to make oral presentations at such a
						proceeding shall notify the Department at least one business day prior to the
						proceeding and indicate the general subject of their presentations. The
						presiding officer in his or her discretion may allow individuals to participate
						that have not previously contacted the Department.
Miss. Code Ann.
						§
												25-43-2.104
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 02 - Procedure for Oral Proceedings on Rule-Making › Public Presentations and Participation › Section 2-1-2-02-107

Current through June 25, 2024
At the proceeding, those who participate shall indicate
						their names and addresses, identify any persons or organizations they may
						represent, and provide any other information relating to their participation
						deemed appropriate by the presiding officer.
Miss. Code Ann.
						§
												25-43-2.104
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 02 - Procedure for Oral Proceedings on Rule-Making › Public Presentations and Participation › Section 2-1-2-02-108

Current through June 25, 2024
The presiding officer may place time limitations on
						individual oral presentations when necessary to assure the orderly and
						expeditious conduct of the oral proceeding. To encourage joint oral
						presentations and to avoid repetition, additional time may be provided for
						persons whose presentations represent the views of other individuals as well as
						their own views.
Miss. Code Ann.
						§
												25-43-2.104
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 02 - Procedure for Oral Proceedings on Rule-Making › Public Presentations and Participation › Section 2-1-2-02-109

Current through June 25, 2024
Persons making oral presentations are encouraged to
						avoid restating matters that have already been submitted in
						writing.
Miss. Code Ann.
						§
												25-43-2.104
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 02 - Procedure for Oral Proceedings on Rule-Making › Public Presentations and Participation › Section 2-1-2-02-110

Current through June 25, 2024
There shall be no interruption of a participant who has
						been given the floor by the presiding officer, except that the presiding
						officer may in his or her discretion interrupt or end the partisan's time where
						the orderly conduct of the proceeding so requires.
Miss. Code Ann.
						§
												25-43-2.104
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 02 - Procedure for Oral Proceedings on Rule-Making › Conduct of Oral Proceeding › Section 2-1-2-02-111 - Presiding officer

Current through June 25, 2024
The presiding officer shall have authority to conduct
						the proceeding in his or her discretion for the orderly conduct of the
						proceeding. The presiding officer shall (a) call the proceeding to order; (b)
						give a brief synopsis of the proposed rule, a statement of the statutory
						authority for the proposed rule, and the reasons provided by the Department for
						the proposed rule; (c) call on those individuals who have contacted the
						Department about speaking on or against the proposed rule; (d) allow for
						rebuttal statements following all participants' comments; (e) adjourn the
						proceeding.
Miss. Code Ann.
						§
												25-43-2.104
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 02 - Procedure for Oral Proceedings on Rule-Making › Conduct of Oral Proceeding › Section 2-1-2-02-112 - Questions

Current through June 25, 2024
The presiding officer where time permits and to
						facilitate the exchange of information, may open the floor to questions or
						general discussion. The presiding officer may question participants and permit
						the questioning of participants by other participants about any matter relating
						to that rule-making proceeding, including any prior written submissions made by
						those participants in that proceeding; but no participant shall be required to
						answer any question.
Miss. Code Ann.
						§
												25-43-2.105
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 03 - Procedure For Issuing Declaratory Opinion › Scope of Rules › Section 2-1-2-03-100

Current through June 25, 2024
This chapter sets forth the Department of Agriculture
						and Commerce's, hereinafter "Department," rules governing the form and content
						of requests for declaratory opinions, and the Department's procedures regarding
						the requests, as required by Mississippi Code Ann. §
											25-43-2.103.
						These rules are intended to supplement and be read in conjunction with the
						provisions of the Mississippi Administrative Procedures Law, which may contain
						additional information regarding the issuance of declaratory opinions. In the
						event of any conflict between these rules and the Mississippi Administrative
						Procedures Law, the latter shall govern.
Miss. Code Ann.
						§
												25-43-2.103
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 03 - Procedure For Issuing Declaratory Opinion › Persons Who May Request Declaratory Opinions › Section 2-1-2-03-101

Current through June 25, 2024
Any person with a substantial interest in the subject
						matter may request a declaratory opinion from the Department by following the
						specified procedures. "Substantial interest in the subject matter" means: an
						individual, business, group or other entity that is directly affected by the
						Department's administration of the laws within its primary jurisdiction.
						"Primary jurisdiction of the Department" means the Department has a
						constitutional or statutory grant of authority in the subject matter at
						issue.
Miss. Code Ann.
						§
												25-43-2.103
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 03 - Procedure For Issuing Declaratory Opinion › Subjects That May Be Addressed In Declaratory Opinions › Section 2-1-2-03-102

Current through June 25, 2024
The Department will issue declaratory opinions regarding
						the applicability to specified facts of: (1) a statute administered or
						enforceable by the Department or (2) a rule promulgated by the Department. The
						Department will not issue a declaratory opinion regarding a statute or rule
						that is outside the primary jurisdiction of the Department.
Miss. Code Ann.
						§
												25-43-2.103
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 03 - Procedure For Issuing Declaratory Opinion › Written Request Required › Section 2-1-2-03-104

Current through June 25, 2024
Each request must be printed or typewritten, or must be
						in legible handwriting. Each request must be submitted on standard business
						letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a
						letter addressed to the Department.
Miss. Code Ann.
						§
												25-43-2.103
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 03 - Procedure For Issuing Declaratory Opinion › Where to Send Requests › Section 2-1-2-03-105

Current through June 25, 2024
All requests must be mailed, delivered or transmitted
						via facsimile to the Department. The request shall clearly state that it is a
						request for a declaratory opinion. Oral and telephone requests and email
						requests will not be accepted for official opinions.
Miss. Code Ann.
						§
												25-43-2.103
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 03 - Procedure For Issuing Declaratory Opinion › Name, Address and Signature of Requestor › Section 2-1-2-03-106

Current through June 25, 2024
Each request must include the full name, telephone
						number, and mailing address of the requestor. All requests shall be signed by
						the person filing the request, who shall attest that the request complies with
						the requirements set forth in these rules, including but not limited to a full,
						complete, and accurate statement of relevant facts and that there are no
						related proceedings pending before any other administrative or judicial
						tribunal.
Miss. Code Ann.
						§
												25-43-2.103
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 03 - Procedure For Issuing Declaratory Opinion › Question Presented › Section 2-1-2-03-107

Current through June 25, 2024
Each request shall contain the following:
1. a clear and concise statement of all facts
					 on which the opinion is requested;
2. a citation to the statute or rule at
					 issue;
3. the question(s) sought to
					 be answered in the opinion, stated clearly;
4. a suggested proposed opinion from the
					 requestor, stating the answers desired by petitioner and a summary of the
					 reasons in support of those answers;
5. the identity of all other known persons
					 involved in or impacted by the described factual situation, including their
					 relationship to the facts, name, mailing address and telephone number;
					 and
6. a statement to show that the
					 person seeking the opinion has a substantial interest in the subject
					 matter.
Miss. Code Ann.
						§
												25-43-2.103
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 03 - Procedure For Issuing Declaratory Opinion › Time For Department's Response › Section 2-1-2-03-108

Current through June 25, 2024
Within forty-five (45) days after the receipt of a
						request for a declaratory opinion that complies with the requirements of these
						rules, the Department shall, in writing:
1. issue a declaratory opinion regarding the
					 specified statute or rule as applied to the specified circumstances;
2. decline to issue a declaratory opinion,
					 stating the reasons for its action; or
3. agree to issue a declaratory opinion by a
					 specified time but not later than ninety (90) days after receipt of the written
					 request.
Miss. Code Ann.
						§
												25-43-2.103
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 03 - Procedure For Issuing Declaratory Opinion › Time For Department's Response › Section 2-1-2-03-109

Current through June 25, 2024
The forty-five (45) day period shall begin running on
						the first State of Mississippi business day on or after the request is received
						by the Department, whichever is sooner.
Miss. Code Ann.
						§
												25-43-2.103
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 03 - Procedure For Issuing Declaratory Opinion › Opinion Not Final for Sixty Days › Section 2-1-2-03-110

Current through June 25, 2024
A declaratory opinion shall not become final until the
						expiration of sixty (60) days after the issuance of the opinion. Prior to the
						expiration of sixty (60) days, the Department may, in its discretion, withdraw
						or amend the declaratory opinion for any reason that is not arbitrary or
						capricious. Reasons for withdrawing or amending an opinion include, but are not
						limited to, a determination that the request failed to meet the requirements of
						these rules or that the opinion issued contains a legal or factual
						error.
Miss. Code Ann.
						§
												25-43-2.103
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 03 - Procedure For Issuing Declaratory Opinion › Notice by Department to Third Parties › Section 2-1-2-03-111

Current through June 25, 2024
The Department may give notice to any person, agency or
						entity that a declaratory opinion has been requested and may receive and
						consider data, facts, arguments and opinions from other persons, agencies or
						other entities other than the requestor.
Miss. Code Ann.
						§
												25-43-2.103
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 03 - Procedure For Issuing Declaratory Opinion › Public Availability of Requests and Declaratory Opinions › Section 2-1-2-03-112

Current through June 25, 2024
Declaratory opinions and requests for declaratory
						opinions shall be available for public inspection and copying in accordance
						with the Department's public records request procedure. All declaratory
						opinions and requests shall be indexed by name and subject. Declaratory
						opinions and requests that contain information that is confidential or exempt
						from disclosure under the Mississippi Public Records Act or other laws shall be
						exempt from this requirement and shall remain confidential.
Miss. Code Ann.
						§
												25-43-2.103
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 03 - Procedure For Issuing Declaratory Opinion › Effect of a Declaratory Opinion › Section 2-1-2-03-113

Current through June 25, 2024
The Department will not pursue any civil or criminal or
						administrative action against a person who is issued a declaratory opinion from
						the Department and who, in good faith, follows the direction of the opinion and
						acts in accordance therewith unless a court of competent jurisdiction holds
						that the opinion is manifestly wrong. Any declaratory opinion rendered by the
						Department shall be binding only on the Department and the person to whom the
						opinion is issued. No declaratory opinion will be used as precedent for any
						other transaction or occurrence beyond that set forth by the requesting
						person.
Miss. Code Ann.
						§
												25-43-2.103
						(Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 04 - Ethanol (RESERVED) › Definitions and Terms › Section 2-1-2-04-101 - RESERVED

Current through June 25, 2024
Miss. Code Ann.
						§
												69-51-1
						& 69-51-5.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 04 - Ethanol (RESERVED) › Permit Amendments and Ownership Changes › Section 2-1-2-04-108 - RESERVED

Current through June 25, 2024
Miss. Code Ann.
						§
												69-51-5.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 04 - Ethanol (RESERVED) › Permit Amendments and Ownership Changes › Section 2-1-2-04-109 - RESERVED

Current through June 25, 2024
Miss. Code Ann.
						§
												69-51-5.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 04 - Ethanol (RESERVED) › Permit Amendments and Ownership Changes › Section 2-1-2-04-110 - RESERVED

Current through June 25, 2024
Miss. Code Ann.
						§
												69-51-5.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 05 - Genuine Mississippi Program Guidelines › Title and Purpose › Section 2-1-2-05-100

Current through June 25, 2024
The Mississippi Agricultural Promotions Program shall
						operate under the title/logo
Genuine Mississippi
for the
						purpose of increasing consumer awareness and expanding markets for
						Mississippi's agricultural products.
Miss. Code Ann.
						§
												69-45-9.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 05 - Genuine Mississippi Program Guidelines › Program Administration › Section 2-1-2-05-101

Current through June 25, 2024
Mississippi Code Annotated
§§
											69-45-1
et seq
., the Mississippi Department of Agriculture and
						Commerce Market Development Division ("the Division") shall determine and
						register willing and qualifying companies, organizations, groups, and
						individuals to become members of the program.
Miss. Code Ann.
						§
												69-45-9.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 05 - Genuine Mississippi Program Guidelines › Eligibility Requirements › Section 2-1-2-05-102

Current through June 25, 2024
Genuine MS applicants must meet or exceed all membership
						criteria within one of the following membership classifications. Applicants may
						qualify for multiple classifications depending on the nature of the
						products
1. Genuine MS Grown
A. Genuine MS Grown products may include, but
					 are not limited to:
(1) Grains, Grasses,
					 Fiber
(2) Produce
(3) Horticulture
(4) Nuts
(5) Timber
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 05 - Genuine Mississippi Program Guidelines › Membership Fee › Section 2-1-2-05-103

Current through June 25, 2024
A membership fee of $75 is due upon application
						approval. This fee, which is due annually as part of the membership renewal, is
						used to market and promote Genuine MS members and their products.
Miss. Code Ann.
						§
												69-45-11.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 05 - Genuine Mississippi Program Guidelines › Application Process Requirements › Section 2-1-2-05-104

Current through June 25, 2024
Those interested in becoming a member of Genuine MS must
						complete and submit an application to the Division
Review of Application and Member Registration
A. Applications are subject to an approval
					 process.
B. The Division reserves
					 the right to change any information provided on the member profile in order to
					 comply with the Mississippi Department of Agriculture and Commerce policies. It
					 is our policy of the Mississippi Department of Agriculture and Commerce not to
					 display comments that: contain obscene, indecent, or profane language; contain
					 threats or defamatory statements; contain hate speech directed at race, color,
					 sex, sexual orientation, national origin, ethnicity, age, religion, or
					 disability; or endorse services or products.
Miss. Code Ann.
						§
												69-45-9.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 05 - Genuine Mississippi Program Guidelines › Usage of Genuine MS Logo › Section 2-1-2-05-105

Current through June 25, 2024
The Genuine MS logo(s) can only be used by members of the
						program. Members must use the logo(s) in accordance to the specifications
						provided by the Division. The Genuine MS logo(s) can only be used on products
						that qualify for the program and on the products' marketing and point - of -
						sale materials. Marketing and point - of - sale materials do not include
						promotional merchandise and souvenirs. Products that are not grown, raised,
						crafted and/or made in Mississippi may not be shipped or sold in packages
						bearing the Genuine MS logo. Member profile and products are subject to
						continual review by the Divisions in order to certify the Mississippi origin of
						the products and appropriate use of the logo.
Miss. Code Ann.
						§
												69-45-9.
						Penalty
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 05 - Genuine Mississippi Program Guidelines › Penalty › Section 2-1-2-05-106

Current through June 25, 2024
Any person, firm, partnership, corporation, or
						association who violates any provision herein, gives false information in the
						application process, misrepresents their certifications in the application
						process, or uses the Genuine MS logo on a product not registered with the
						Genuine MS program or not of Mississippi origin, shall be subject to a
						suspension of his/her authority to use the Genuine MS logo and can be expelled
						from the Genuine MS program. An applicant who is denied registration or member
						who is subject to suspension or expulsion from the Genuine MS program may
						request an administrative hearing. The request should be in writing and filed
						with the Mississippi Department of Agriculture and Commerce within twenty (20)
						days of the denial.
Miss. Code Ann.
						§
												69-45-9.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 06 - Animal Testing (RESERVED) › Records to be maintained; Penalty for Late Report › Section 2-1-2-06-102 - RESERVED

Current through June 25, 2024
Miss. Code Ann.
						§
												69-29-2.
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 › Criteria for Participation › Section 2-1-2-07-100

Current through June 25, 2024
To be eligible as a farmer participant in the Mississippi
						FMNP:
1. Be a bona fide farmer who
					 grows and harvests fresh produce on property owned, Rented or leased in
					 Mississippi by the farmer; produce grown on land leased or contracted through
					 Extension projects (or experiments) by the farmer. If necessary to supply a
					 market, produce grown or harvested on property in a state that borders counties
					 with authorized market sites may be permitted. (*Proof of the above by the
					 farmer may be requested by MDAC and may include tax receipts for the previous
					 year and/or notarized signed leases between the farmer and owner.)
2. Produce a variety of fruits and vegetables
					 to be sold at the farmers' market on all market days during the program cycle.
3. Not be a wholesaler, unless
					 proof can be shown that vendor also grows and harvests produce. In such a case,
					 the vendor must submit a crop plan and sell only eligible products grown and
					 harvested.
4. Prior to
					 certification for the Mississippi FMNP, submit a crop plan outlining products
					 he/she intends to sell at the market. (The farmer may revise his/her crop plan
					 to reflect increased or decreased planting of different fruits and vegetables.)
5. Must be the person selling the
					 produce or designate an authorized employee or family member to sell produce at
					 market sites during the program period. The farmer certified as a participant
					 in the FMNP shall be accountable for actions of employees or relatives who are
					 either present at the market or performing transactions on behalf of the
					 certified farmers.
6. Agree to
					 abide by the Rules and Procedures for Farmers and sign the Mississippi FMNP
					 Farmer's Participation Application and Agreement each year prior to
					 participating in the program.
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-101

Current through June 25, 2024
In order to begin accepting checks at authorized farmers
						markets, farmers must attend a training session or meeting every 3 years
						through: farmers market grower meetings; video conferencing meetings arranged
						by extension; an online process prescribed by the Mississippi Department of
						Agriculture; or one-on-one training from the FMNP Coordinator, an extension
						agent authorized by the FMNP Coordinator or the local farmers market manager
						prior to participating. After training, farmers will receive a display poster
						with the Mississippi Farmers' Market Nutrition Program Participant logo (must
						be displayed at all times at the Market) and a certification stamp (a stamp
						containing the farmer's certification number to be utilized when accepting
						checks), if not previously authorized.
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-102

Current through June 25, 2024
Certified participating farmers are issued a
						certification number upon the completion of training and certification. This
						number must be stamped with the MDAC-issued stamp on the check prior to deposit
						at a bank or financial institution.
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-103

Current through June 25, 2024
Participating farmers may only accept FMNP checks for
						eligible food items as listed in the Program Guide for Farmers and submitted on
						the Farmer Participation Application and Agreement. Purchases for other items
						not listed must be made with cash or the SNAP/EBT card.
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-104

Current through June 25, 2024
Participating farmers may accept checks
ONLY
at authorized farmers' markets. Farmers
CANNOT RETURN
						CHANGE
for purchases made with checks.
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-105

Current through June 25, 2024
A certified farmer cannot supplement his/ her produce
						with that of a neighbor or another farmer unless the other person or entity
						registers for the program as well and authorizes their location to be inspected
						for verification of crop plan. Also, that farmer must authorize the certified
						farmer to sell their produce . (No money may exchange between farmers for
						produce, or farmers may not buy from other farmers.)
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-106

Current through June 25, 2024
Farmers must post prices of produce items when accepting
						WIC/Senior FMNP checks.
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-107

Current through June 25, 2024
Farmers must not collect sales tax on FMNP check
						purchases.
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-108

Current through June 25, 2024
Farmers shall not seek restitution from FMNP recipients
						for checks not paid by the FMNP/SFMNP.
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-109

Current through June 25, 2024
When accepting checks from WIC or senior participants,
						farmers
MUST
require the participant to
sign
the
						check. (If FMNP recipient is unable to sign his/her name, a farmer may
						assist).
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-110

Current through June 25, 2024
Farmers should not accept checks that have been mutilated
						or damaged.
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-111

Current through June 25, 2024
Farmers may not accept checks for credit to buy fruits
						and vegetables at a later market day or for the next year.
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-112

Current through June 25, 2024
Farmers must accept checks printed and intended for use
						during the current year's program cycle.
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-113

Current through June 25, 2024
Farmers must not discriminate against WIC/Senior
						recipients in price, quality, or service. Farmers must offer fresh produce to
						WIC/Senior recipients at no more than the price charged to other customers, and
						offer the same courtesies extended to other customers.
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-114

Current through June 25, 2024
Farmers participating at a market and selling eligible
						foods and non-eligible foods or outside produce allowed by the market MUST post
						FMNP poster prominently near FMNP authorized items so that customers can easily
						see which items may or may not be purchased with FMNP checks.
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-115

Current through June 25, 2024
To offset some administrative costs of the program,
						previously authorized farmers requesting a new MFNMP stamp will pay a charge of
						$10.00 for replacement of a stamp. In the event a replacement stamp is needed,
						the farmer must complete the replacement FMNP stamp form, enclose a check
						payable to the Mississippi Department of Agriculture and Commerce and mail to
						the attention of the FMNP Coordinator at P.O. Box 1609, Jackson, MS
						39215.
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 › Policy & Procedures for Participating Farmers › Section 2-1-2-07-116

Current through June 25, 2024
The last day farmers may
accept and deposit
checks from WIC and senior recipients will be set by the FMNP Coordinator prior
						to the start of the program. Refer to the check printed for the program
						year.
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 › Program Violations › Section 2-1-2-07-117

Current through June 25, 2024
Actions of a farmer and/or farmers' market which
						constitute violations of the Rules and Procedures governing the FMNP are
						divided into Class I and Class II violations.
1.
Class I
violations include:
a. Failure to display the Mississippi
					 Farmers' Market Nutrition Program Poster.
b. Knowingly provide false information about
					 the program to check recipients or others.
c. Accept checks for foods not solely grown
					 by the farmer and not accounted for on the FMNP Application and Agreement.
d. Offensive behavior toward
					 WIC/Senior recipients, and/or preventing any FMNP representative from
					 conducting any monitoring visits (market or farm).
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 › Program Violations › Section 2-1-2-07-118

Current through June 25, 2024
Suspensions may be invoked under the following
						circumstances:
1. The second instance
					 of any Class I violation during the program cycle.
2. The first instance of any Class II
					 violation during the program cycle.
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 › Program Violations › Section 2-1-2-07-119

Current through June 25, 2024
A second Class II violation within the same market season
						and/or the following market season will result in disqualification from the
						FMNP program for up to 5 years. The farmer's certification stamp and
						participating program poster will be collected immediately by
						MDAC.
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 › Program Violations › Section 2-1-2-07-120

Current through June 25, 2024
In the event a farmer in violation of the "Rules and
						Procedures" redeems checks, the farmer may be required to pay the state agency
						for the total amount of the transactions in violation. MDAC will send a letter
						demanding payment. If there is no response after thirty (30) days, the matter
						will be referred to legal staff.
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 › Program Violations › Section 2-1-2-07-121

Current through June 25, 2024
Certain violations may constitute a criminal offense,
						subjecting the recipient, local agency or farmer/farmers' market to prosecution
						under applicable state or federal laws. Following the investigation of and a
						finding resulting in an adverse action, MDAC will notify the farmer or farmers'
						market of the adverse action to be taken. The farmer or farmers' market will
						have an opportunity to appeal the adverse action.
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 2-1-2-07-122

Current through June 25, 2024
A recipient, local agency or farmer/farmers' market may
						appeal an adverse action of the Farmers' Market Nutrition Program of the
						Mississippi Department of Agriculture and Commerce (Department), including the
						denial of its application to participate, imposition of a sanction, or
						disqualification from participating in the Farmers' Market Nutrition Program
						(FMNP).
Miss. Code Ann.
						§
												69-1-13.