reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Quarantine Imposed › Section 2-1-3-13-102.01

Current through June 25, 2024
Based upon the purpose set out in
Miss. Code
						Ann.
Section
						69-37-1
						thru Section
						69-37-37,
						it is hereby ordered, under the provisions of said bill that a quarantine be
						imposed upon the articles, pests and areas set out in this Rule, subject to the
						conditions imposed by this Rule.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Quarantine Imposed › Section 2-1-3-13-102.02

Current through June 25, 2024
Quarantine Area shall be established as follows: Upon
						finding an established re-infestation of boll weevil a quarantine notice shall
						automatically be imposed to include a one (1) mile radius of such infestation.
						The Bureau of Plant Industry shall adjust the quarantine zone based on the
						outcome of delimiting surveys and scouting, weevil populations trapped,
						distance of nearby cotton fields, terrain and other variables that might affect
						boll weevil movement away from the established
						re-infestation.
Miss. Code Ann.
						§
												69-37-3
						(Rev. 2010).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Regulated Areas › Section 2-1-3-13-103

Current through June 25, 2024
The following areas are hereby regulated:
1. Any area in the state that is re-infested
					 with the boll weevil as delimited and quarantined.
2. All states or portions thereof infested
					 with the boll weevil.
Miss. Code Ann.
						§
												69-37-3
						(Rev. 2010).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Regulated Articles › Section 2-1-3-13-104

Current through June 25, 2024
The following articles shall be regulated by this
						Rule:
1. The boll weevil,
Anthonomus grandis
Boheman, in any living stage of
					 development.
2. Gin
					 trash.
3. Seed cotton
4. Cotton plants, bolls.
5. Used cotton equipment.
6. Any other products, articles, means of
					 conveyance, or any other item whatsoever which is determined by the
					 Commissioner to present a hazard in the spread of the boll weevil and the
					 person in possession of such item has been so notified.
Miss. Code Ann.
						§
												69-37-3
						(Rev. 2010).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Conditions Governing Movement of Regulated Articles › Section 2-1-3-13-105.01 - Certificate or Permit Required

Current through June 25, 2024
1. Except as
					 described below in 105.02 (3), regulated articles moving from a regulated
					 area/quarantined zone into, through or within the State of Mississippi shall be
					 accompanied by a certificate or permit issued by an authorized regulatory
					 official of the State where such articles originated.
2. Regulated articles originating outside a
					 regulated area may be moved into, through or within Mississippi, without a
					 certificate or permit, if accompanied by documentation of the point of origin,
					 and if, to the satisfaction of the Commissioner, such articles have been
					 adequately protected from boll weevil infestation during movement through all
					 regulated areas.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Conditions Governing Movement of Regulated Articles › Section 2-1-3-13-105.02 - Issuance of Certificates and Permits

Current through June 25, 2024
1. Certificates for
					 movement of regulated articles may be issued by the commissioner when such
					 articles:
a. Originated in non-infested
					 non-quarantined area in the State of Mississippi and have not been otherwise
					 exposed to infestation,
b. Have
					 been treated to destroy infestation in accordance with approved
					 procedures,
c. Have been grown,
					 manufactured, stored, or handled in such a manner that, in the judgment of the
					 Commissioner they would not transmit infestation, and
d. Have been found, upon examination by the
					 Commissioner, to be free of any infestation.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Conditions Governing Movement of Regulated Articles › Section 2-1-3-13-105.03 - Certificates and permits shall be handled as follows

Current through June 25, 2024
1.
					 Certificates and permits, when required, shall be securely attached to the
					 outside container in which regulated articles are moved, provided that when the
					 regulated articles are adequately described on the shipping document, the
					 certificate or permit may be attached to the shipping document.
2. Copies of all certificates and permits
					 shall be furnished by the carrier to the consignee at the final
					 destination.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Conditions Governing Movement of Regulated Articles › Section 2-1-3-13-105.04

Current through June 25, 2024
Any certificate or permit may be canceled by the
						Commissioner upon his determination that the holder thereof has failed to
						comply with any condition for the use of such permit or with any terms of the
						compliance agreement.
Miss. Code Ann.
						§
												69-37-3
						(Rev. 2010).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Movement For Scientific Purposes › Section 2-1-3-13-106.01

Current through June 25, 2024
Regulated articles may be moved for experimental or
						scientific purpose provided a permit issued by the Commissioner specifying
						guidelines by which such articles must be handled is obtained prior to
						movement.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Movement For Scientific Purposes › Section 2-1-3-13-106.02

Current through June 25, 2024
Producers in designated experimental areas may be
						exempted from specified requirements of this Rule, provided they abide by
						criteria as stipulated by the Commissioner in a compliance agreement. The
						experiments in these areas must contribute to the development of scientific
						knowledge deemed of importance to the production of cotton.
Miss. Code Ann.
						§
												69-37-3
						(Rev. 2010).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Compliance Agreements › Section 2-1-3-13-107.01

Current through June 25, 2024
As a condition of issuance of certificates or permits
						for the movement of regulated articles, any person engaged in purchasing,
						assembling, exchanging, handling, processing, utilizing, treating, or moving
						such articles may be required to sign a compliance agreement stipulating
1. That he will maintain such safeguards
					 against the establishment and spread of infestation,
2. Comply with such conditions as to the
					 maintenance of identity, handling and subsequent movement of such articles, and
The cleaning and treatment of means of conveyance and
						containers used in the transportation of such articles as may be required by
						the Commissioner.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Compliance Agreements › Section 2-1-3-13-107.02

Current through June 25, 2024
Any compliance agreement may be canceled by the
						Commissioner whenever he finds, after notice to and opportunity for response by
						the holder, that such holder has failed to comply with any condition of the
						agreement. Any compliance agreement may be canceled or voided by the
						Commissioner when, in his opinion, it is not longer required.
Miss. Code Ann.
						§
												69-37-3
						(Rev. 2010).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Transportation and Disposal › Section 2-1-3-13-108

Current through June 25, 2024
The Commissioner is authorized to stop any person and to
						inspect the article or means of conveyance moving into, within, or from the
						State of Mississippi when he has reasonable grounds to believe that such items
						are infested with the boll weevil; and such the Commissioner is authorized to
						seize, destroy, or otherwise dispose of any articles found to be moving in
						violation of these rules.
Miss. Code Ann.
						§
												69-37-3
						(Rev. 2010).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Reporting and Location of Cotton Acreage › Section 2-1-3-13-109.01

Current through June 25, 2024
All growers shall complete a cotton acreage reporting
						form as required by FSA of the current growing season at the County Farm
						Service Agency (FSA) Office in each county in which they produce cotton. Such
						report shall be filed for each year of participation in the program, and shall
						indicate the actual FSA certified acreage under production during the current
						growing season.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Reporting and Location of Cotton Acreage › Section 2-1-3-13-109.02

Current through June 25, 2024
Non-commercial cotton shall not be planted in an
						containment/maintenance area without a waiver issued in writing by the
						Commissioner. Application for a waiver shall be submitted in writing and the
						Commissioner's decision to grant or deny the waiver shall be based on the
						following:
1. Location of growing
					 area.
2. Pest conditions in the
					 growing area.
3. Size of the
					 growing area.
4. Accessibility of
					 the growing area.
5. Any
					 stipulations set forth in a compliance agreement between the applicant and the
					 Commissioner that are necessary for the effectuation of the program.
Miss. Code Ann.
						§
												69-37-3
						(Rev. 2010).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Program Participation: Fee Payment; Penalties: and Credits › Section 2-1-3-13-110.01

Current through June 25, 2024
Upon passage of the grower referendum conducted under the
						provisions of Miss. Code Ann. Section
						69-37-17, all cotton growers shall
						be required to participate in the boll weevil eradication program as follows:
						All growers shall be assessed no more than $12.00 per acre annually. A total of
						no more than $12.00 per acre shall be payable on or before September 15 of each
						year as based on certified acres reported from the Farm Service Agency in each
						county where cotton is grown.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Program Participation: Fee Payment; Penalties: and Credits › Section 2-1-3-13-110.02

Current through June 25, 2024
All fees paid by the grower shall be collected by the
						Mississippi Department of Agriculture and Commerce, Bureau of Plant Industry,
						and made payable to the Bureau of Plant Industry
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Program Participation: Fee Payment; Penalties: and Credits › Section 2-1-3-13-110.03

Current through June 25, 2024
Failure to pay annual assessments on or before the
						September 15 deadline will result in a penalty fee equal to amount of the per
						acre annual assessment. Notwithstanding the foregoing sentence, penalty fees
						accruing on or after September 15, 2023 will be suspended pending any further
						amendments to this regulation. Failure by a grower to pay all program costs by
						September 15 shall be a violation of this Rule and will result in a lien placed
						on the crop until the assessments are paid.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Program Participation: Fee Payment; Penalties: and Credits › Section 2-1-3-13-110.04

Current through June 25, 2024
In addition to other remedies for the collection of
						assessments, the Commissioner shall have a special lien on cotton which shall
						be superior to any other lien provided by law. Provided, however, that the
						buyer of cotton shall take free of such lien if the has not received written
						notice of such lien from the Commissioner, or if he has paid for such cotton by
						a check in which the Department is named as joint payee. Failure to make the
						Department a joint payee shall make the buyer of cotton liable for such
						assessments and/or penalties. A buyer of cotton other than a person buying
						cotton from the grower takes free of such lien.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Program Participation: Fee Payment; Penalties: and Credits › Section 2-1-3-13-110.05

Current through June 25, 2024
A farm operator may apply for a waiver requesting delayed
						payment of assessments under conditions of financial hardship. Any farm
						operator applying for a waiver shall make application in writing to the
						Commissioner on a form prescribed by the Commissioner. No exemption of
						penalties shall be granted to any cotton grower who after the 7 amount of
						assessments and penalties otherwise due has been subtracted from his taxable
						net income, has a net income exceeding fifteen thousand dollars ($15,000.00)
						for the year in which he seeks an exemption. "Taxable net income" shall have
						the same meaning as "net income" defined in Miss. Code Ann. Section
						27-7-13/Title 27 Taxation and
						Finance/Chapter 7 Income Tax and Withholding/Article I as follows: "Net income
						means the gross income as defined therein, less allowable expenses incurred in
						the taxpayer's regular trade or profession." However, be it further noted that
						a taxpayer's regular trade or profession shall, in the case of a cotton grower,
						not be limited to farming, whereby net profit shown on Schedule F of the
						Federal Tax Return is not his/her only source of income. Taxable net income
						shall be considered the amount shown on Form 1040, 1040A or 1040EZ as "taxable
						income" after all allowed expenses, deductions and adjustments are made to
						gross income regardless of whether the tax return has been filed jointly or in
						partnership. However, cotton growers who have sold real estate or other assets
						within the last tax year to pay farming debts in order to avoid bankruptcy may
						request in writing an additional adjustment to taxable net income. In such
						case, the amount of indebtedness expended toward being debt free during the
						taxable year may be subtracted from taxable net income in addition to
						assessments owed and penalties otherwise due. In support of such, applicable
						tax documents and a letter of support from the grower's banking or financial
						institution must be submitted explaining the sale of such assets to avoid
						filing bankruptcy proceedings. Failure to pay assessments or file a completed
						waiver request for delayed payment on or before September 15 of the current
						growing season will result in a lien placed on the crop until the assessments
						are paid. The decision whether or not to waive all or part of these
						requirements shall be made by the Certified Cotton Growers Association and
						notification given to the farm operator within two weeks after receipt of such
						application.
Miss. Code
						Ann. Sections
						69-37-1 et
						seq.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Purchase of Cotton For Effectuation of Program Objectives › Section 2-1-3-13-111

Current through June 25, 2024
The Commissioner may purchase growing cotton when he
						deems it in the best interest of the program. Purchase price shall be based on
						the FSA farm established yield for the current year. Purchase of growing cotton
						shall be based on consent of the executive committee of the Certified Growers
						Organization.
Miss. Code Ann.
						§
												69-37-3
						(Rev. 2010).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Cotton Stalk Destruction › Section 2-1-3-13-112

Current through June 25, 2024
All growers in the containment/maintenance area are
						hereby required to destroy cotton stalks in every field location planted to
						cotton on or before March 15 of each year. Such cotton stalk destruction shall
						consist of shredding or disking to the extent of eliminating standing cotton
						stalks.
Miss. Code Ann.
						§
												69-37-3
						(Rev. 2010).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Penalties › Section 2-1-3-13-113.01

Current through June 25, 2024
Any person who shall violate any of the provisions of
						this regulation or who shall alter, forge, or counterfeit or use without
						authority any certificate or permit or other document provided for in this
						regulation shall be guilty of a misdemeanor.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 13 - Boll Weevil Containment/Maintenance Rule › Penalties › Section 2-1-3-13-113.02

Current through June 25, 2024
Any person who, except in compliance with this
						regulation shall move any regulated article into this state from any other
						state, which the bureau found in such regulations is infested by the boll
						weevil, shall be guilty of a misdemeanor.
Miss. Code Ann.
						§
												69-37-3
						(Rev. 2010).
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 01 - Retail Food Store Sanitation › Sanitation Requirements › Section 2-1-4-01-100.01 - Sanitation regulations

Current through June 25, 2024
1. The sanitation
					 regulations for retail food establishments shall be the same as the sanitation
					 requirements for food establishments published by the U.S. Department of Health
					 and Human Services in the 2013 Food Code unless otherwise noted in subsequent
					 regulations. A copy of the 2013 Food Code may be obtained at:
http://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/F
					 oodCode/UCM374510.pdf
.
2.
					 "Critical" shall refer to Priority and Priority Foundation violations and
					 "Non-critical" shall refer to Core violations. Foods considered to be
					 "potentially hazardous foods" shall also be known as "time/temperature control
					 for safety foods."
Miss. Code Ann.
						§
												69-1-18.
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 01 - Retail Food Store Sanitation › Sanitation Requirements › Section 2-1-4-01-100.02 - Department inspections

Current through June 25, 2024
1. Each retail food
					 establishment will be issued an inspection result summary and an inspection
					 report on each visit. The inspection report shall document certain information,
					 which can be found in
Food Code
Section 8-403.10, "Documenting
					 Information and Observations."
2.
					 The inspection result placard notifies the consumer of the result of the
					 inspection. There are four placard results:
a. Green "Passed" placard. This result
					 indicates that the retail food establishment passed inspection and had no
					 critical violations as defined by the
Food Code.
b. Green "Conditional Pass" placard. This
					 result indicates that the retail food establishment had at least one critical
					 violation that was corrected at the time of inspection. Because of the nature
					 and severity of the violation(s), a follow-up inspection will be performed, as
					 deemed necessary by the Commissioner or her agents.
c. Yellow "Notice" placard. This result
					 indicates one of three outcomes:
i. a
					 critical violation could not be corrected before the Inspector left the
					 premises; or
ii. a critical
					 violation was repeated from the last inspection, even if it was corrected at
					 the time of the follow-up inspection; or
iii. excessive (more than 5) repeated
					 noncritical violations were found on a follow-up inspection.
d. Red "Failed" placard. This
					 result indicates closure of the retail food establishment due to immediate
					 danger to public health and safety.
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 01 - Retail Food Store Sanitation › Sanitation Requirements › Section 2-1-4-01-100.03 - Public notification of inspection results

Current through June 25, 2024
1.
					 Inspection result summary. The most recent placard shall be posted by the
					 retail food establishment on the front door, or on both front entrances if the
					 establishment has two separate entrances;
a.
					 Placards shall be at or near eye-level;
b. If placards cannot be placed on doors,
					 they may be placed on adjacent windows at or near eye-level, as approved by the
					 Department;
c. Placards may not be
					 removed by anyone other than the Commissioner or her agents. Removal by anyone
					 else is considered noncompliance.
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 01 - Retail Food Store Sanitation › Sanitation Requirements › Section 2-1-4-01-100.04 - Retail Sale of Poultry Products

Current through June 25, 2024
1. Definition.
					 "Poultry" means:
a. Any domesticated bird
					 (chickens, turkeys, ducks, geese, guineas, ratites, or squabs), whether live or
					 dead, as defined in
					 9 CFR
					 381.1 Poultry Products Inspection Regulations
					 Definitions, Poultry; and
b. Any
					 migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or
					 pigeon, whether live or dead, as defined in
					 9 CFR
					 362.1 Voluntary Poultry Inspection
					 Regulations, Definitions.
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 01 - Retail Food Store Sanitation › Retail Food Salvage Requirements › Section 2-1-4-01-101 - Definitions

Current through June 25, 2024
1. "Distressed merchandise" means any food
					 which has had the label lost or which has been subjected to possible damage due
					 to accident, fire, flood, adverse weather, or to any other similar cause, and
					 which may have been rendered unsafe or unsuitable for human or animal
					 consumption or use. Distressed merchandise shall not include food products that
					 fail to meet manufacturer's or packer's specifications, but which do meet
					 applicable federal and state regulation.
2. "Non-salvageable merchandise" means
					 "distressed merchandise," as defined in paragraph (1) which cannot be safely or
					 practically reconditioned.
3.
					 "Reconditioning" means any appropriate process or procedure by which distressed
					 merchandise can be brought into compliance with all Federal and State
					 Regulatory Authority requirements making it suitable for consumption or use as
					 human or animal feed.
4.
					 "Regulatory Authority" means the Mississippi Department of Agriculture and
					 Commerce.
5. "Salvageable
					 merchandise" means any distressed merchandise, as defined in paragraph (1) of
					 this section, which can be reconditioned to the satisfaction of the Regulatory
					 Authority.
6. "Salvaged
					 merchandise" means previously distressed merchandise, as defined in paragraph
					 (1) of this section which when reconditioned meets all Federal and State
					 Regulatory Authority requirements.
7. "Salvage operation" means an establishment
					 engaged in the business of selling or distributing salvaged merchandise or
					 reconditioning distressed merchandise.
Miss. Code Ann.
						§
												69-1-18.
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 01 - Retail Food Store Sanitation › Retail Food Salvage Requirements › Section 2-1-4-01-102 - Retail Salvage Food Operation

Current through June 25, 2024
1. General. Retail
					 Salvage food operations shall comply with all applicable sections of the
					 current Food Code except as otherwise provided in this section.
2. Handling of Distressed Merchandise.
a. Segregation of Merchandise. All
					 salvageable merchandise shall be promptly sorted and segregated from
					 non-salvageable merchandise to prevent further contamination of the merchandise
					 to be reconditioned for sale or distribution.
b. Movement of Distressed Merchandise. It
					 shall be the duty of any person owning or having possession of distressed
					 merchandise to make personal contact with the Regulatory Authority within 24
					 hours after the merchandise becomes distressed and prior to its removal from
					 the place where located when it became distressed merchandise. If emergency
					 removal of distressed merchandise is required, notice to the Regulatory
					 Authority shall be made as soon thereafter as possible. It shall be the duty of
					 the processing facility to make contact with the Regulatory Authority within
					 forty-eight (48) hours whenever distressed merchandise subject to the
					 provisions of this regulation is obtained.
c. Transporting of Distressed Merchandise.
					 Distressed merchandise shall be moved from the site of a fire, flood, wind
					 storm, hurricane area, sewer backup, wreck or other cause as expeditiously as
					 possible after compliance with paragraph (2)(b) above so as not to become
					 putrid, rodent or insect harborages, or otherwise a menace to public health.
					 All distressed and salvageable merchandise of a perishable nature shall, prior
					 to reconditioning, be transported only in vehicles provided with sufficient
					 refrigeration and freezing capabilities if necessary for product maintenance.
					 No interstate movement of known embargoed merchandise shall be made without the
					 prior approval of the Regulatory Authority and the responsible State agency in
					 the State to receive the merchandise. Concurrence shall also be obtained from
					 the U.S. Department of Health and Human Services, Food and Drug Administration
					 prior to interstate movement.
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 01 - Retail Food Store Sanitation › Retail Sale of Fresh and Frozen Fish, Meat, Poultry and any Other Potentially Hazardous Foods, with the Exclusion of Seafood › Section 2-1-4-01-103.01 - Definitions

Current through June 25, 2024
1.
Transient vendor
is a retailer who engages in the selling of (a) fresh fish, meat or poultry or
					 (b) frozen fish, meat, poultry or any other fresh or frozen potentially
					 hazardous food products, excluding seafood and frozen desserts, at any place in
					 the state temporarily and who does not intend to become or does not become a
					 permanent retailer of such place.
2.
Fish
means fresh
					 fish and other forms of fresh water aquatic life (including alligator, frog,
					 turtle, and the roe of such animals) other than birds or mammals if such
					 animals are intended for human consumption.
3.
Meat
means the
					 flesh of animals intended for human consumption including the dressed flesh of
					 cattle, swine, sheep, or goats and other edible animals except fish and
					 poultry.
4.
Poultry
means any domesticated bird intended for human
					 consumption including chickens, turkeys, ducks, geese, or guineas but does not
					 include ratites.
5.
Frozen Desserts
means any foods which conform to the
					 provisions of the United States Food and Drug Administration, Title 21, Code of
					 Federal Regulation, Part 135, Subpart B. Frozen Desserts shall include such
					 products as ice cream, frozen custard, ice milk, sherbet, frozen yogurt, ice
					 cream sandwiches, bars or cookies.
6.
Seafood
means
					 edible fish or shellfish from the sea.
7.
Potentially Hazardous
					 Food
means a food that is natural or synthetic and that requires
					 temperature control because it is in a form capable of supporting: the growth
					 of infectious or toxigenic microorganisms; the growth and toxin production of
					 Clostridium botulinum; or in raw shell eggs, the growth of salmonella
					 enteritis. "Potentially Hazardous Food" includes an animal food (of animal
					 origin) that is raw or heat-treated; a food of plant origin that is
					 heat-treated or consists of raw seed sprouts; and cut melons.
8.
Pre-packaged
					 Products
mean commodities that are packaged in any manner in
					 advance of sale in units suitable for direct retail sale to the consumer and
					 packaged in a fixed facility under the jurisdiction of a federal (U.S.D.A or
					 FDA) or state (MS Department of Health or MS Department of Agriculture and
					 Commerce) agency. (Amended August 2002; Temporary Amendment July 2006; Amended
					 June 10, 2009; March 14, 2011; Amended February 16, 2019.)
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 01 - Retail Food Store Sanitation › Retail Sale of Fresh and Frozen Fish, Meat, Poultry and any Other Potentially Hazardous Foods, with the Exclusion of Seafood › Section 2-1-4-01-103.02 - Retail Sale of Pre-packaged Fresh Fish, Meat, Poultry or other Potentially Hazardous Foods, excluding Seafood by Transient Vendors

Current through June 25, 2024
1.
					 A mobile retail food establishment license must be obtained for each transient
					 vendor. The license must be maintained with the vendor.
2. Product temperature of 41° Fahrenheit
					 or less must be maintained at all times.
3. All food shall be protected from
					 contamination from dust, dirt, foreign or injurious contamination and from
					 cross-contamination by other type food products.
4. Advertisements must be completely in
					 accordance with the labeling of the containers. The price per pound of random
					 weight products must be included in the advertisement. Standard weight packages
					 may show a total price only in the advertisement. All products offered for sale
					 shall be labeled in accordance with Chapter 3, Section 3-6 as defined by the U.
					 S. Department of Health and Human Services in the current
Food
					 Code
unless otherwise noted in subsequent regulations.
5. In addition to the above, applicable parts
					 of the Mississippi Department of Agriculture and Commerce laws, rules and
					 regulations covering foods would also apply.
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 01 - Retail Food Store Sanitation › Retail Sale of Fresh and Frozen Fish, Meat, Poultry and any Other Potentially Hazardous Foods, with the Exclusion of Seafood › Section 2-1-4-01-103.03 - Retail Sale of Pre-packaged Frozen Fish, Meat, Poultry or other Potentially Hazardous Foods, excluding Seafood by Transient Vendors

Current through June 25, 2024
1.
					 A mobile retail food establishment license must be obtained for each transient
					 vendor. The license must be maintained with the vendor.
2. Products shall remain in a frozen state
					 until sold. All sales must be from unbroken box or package.
3. All food shall be protected from
					 contamination from dust, dirt, foreign or injurious contamination and from
					 cross-contamination by other type food products.
4. Advertisements must be completely in
					 accordance with the labeling on the containers. The price per pound of random
					 weight products must be included in the advertisement. Standard weight packages
					 may show a total price only in the advertisement. All products offered for sale
					 shall be labeled in accordance with Chapter 3, Section 3-6 as defined by the U.
					 S. Department of Health and Human Services in the current
Food
					 Code
unless otherwise noted in subsequent regulations.
5. In addition to the above, applicable parts
					 of the Mississippi Department of Agriculture and Commerce Laws, Rules and
					 Regulations covering foods would also apply.
Miss. Code Ann.
						§
												69-1-18(2)(a)
						(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 01 - Retail Food Store Sanitation › Posting Of Fish Consumption Advisory Notices › Section 2-1-4-01-104

Current through June 25, 2024
It is the responsibility of a retail food establishment
						to post any Fish Consumption Advisory Notice issued to the establishment by the
						State Department of Environmental Quality or the State Board of Health if that
						establishment sells fish falling under the coverage of said notice. Notices
						shall be conspicuously displayed for easy visibility to the consumer. Any
						retail food establishment in violation of this regulation may be assessed a
						penalty in an amount of not more than Five Hundred Dollars ($500.00). Any
						additional violations within a six-month period may be assessed at a penalty of
						not more than One Thousand Dollars ($1000.00). In addition, or in lieu of such
						penalties, the commissioner may suspend or revoke the retail food
						establishment's license.
Miss. Code Ann.
						§
												69-1-18.
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 01 - Retail Food Store Sanitation › Administrative Procedures; Review; Hearing › Section 2-1-4-01-105.01

Current through June 25, 2024
Upon the issuance of a written complaint against any
						retail food establishment licensed by the Mississippi Department of Agriculture
						& Commerce for a violation of the law or the regulations, a copy of the
						complaint and any supporting documentation shall be sent to the accused by any
						of the methods set forth in Rule 4 of the Mississippi Rules of Civil Procedure
						or by certified mail. Within thirty (30) days after receipt of a copy of the
						complaint, the accused shall file a written answer with and/or submit
						supporting documentation to the Reviewing Officer. Failure to file an answer
						may constitute an admission of the allegation(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 01 - Retail Food Store Sanitation › Administrative Procedures; Review; Hearing › Section 2-1-4-01-105.02

Current through June 25, 2024
The Chief of the Bureau of Regulatory Services of the
						Department, or his designee, shall act as Reviewing Officer. Upon receipt of
						the response and any supporting documentation from the accused, the Reviewing
						Officer shall screen all information on file to determine the merit of the
						complaint or lack thereof. Based on the evidence, the Reviewing Officer shall
						issue an order and send a copy of if to the accused by certified
						mail.
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 01 - Retail Food Store Sanitation › Administrative Procedures; Review; Hearing › Section 2-1-4-01-105.03

Current through June 25, 2024
Either the accused or the Department shall have thirty
						(30) days from receipt of the Reviewing Officer's order within which to file a
						written request for a hearing. If a request for a hearing is made, a hearing
						shall be scheduled before a Hearing Officer within a reasonable time of receipt
						of a written request from the accused. Written notice of the date, time and
						place of such hearing shall be provided to the accused.
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 01 - Retail Food Store Sanitation › Administrative Procedures; Review; Hearing › Section 2-1-4-01-105.04

Current through June 25, 2024
The Hearing Officer shall impose necessary restrictions
						to ensure an orderly and impartial proceeding. The testimony of the witnesses
						shall be upon oath or affirmation and the witnesses shall be subject to
						cross-examination. The proceedings shall be recorded.
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 01 - Retail Food Store Sanitation › Administrative Procedures; Review; Hearing › Section 2-1-4-01-105.05

Current through June 25, 2024
At the conclusion of the hearing, the Hearing Officer
						shall prepare a written Recommendation to the Commissioner. The Commissioner
						shall decide, what, if any, action is to be taken on the recommendation and
						shall issue an order. The decision of the Commissioner shall be in writing and
						it shall be delivered to the accused by certified mail.
(Adopted 2002.)
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 01 - Retail Food Store Sanitation › Administrative Procedures; Review; Hearing › Section 2-1-4-01-105.06

Current through June 25, 2024
Either the accused or the Department may appeal the
						decision of the Commissioner to the circuit court of the county of the
						residence of the accused, or, if the accused is a nonresident of the State of
						Mississippi, to the Circuit Court of the First Judicial District of Hinds
						County, Mississippi. The appellant shall have the record transcribed and filed
						with the circuit court. The appeal shall otherwise be governed by all
						applicable laws and rules affecting appeals to circuit court. If no appeal is
						perfected within the required time, the decision of the Commissioner shall then
						become 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 01 - Retail Food Store Sanitation › Administrative Procedures; Review; Hearing › Section 2-1-4-01-105.07

Current through June 25, 2024
The decision of the circuit court may then be appealed
						by either party to the Mississippi Supreme Court in accordance with the
						existing law and rules affecting such appeals
Miss. Code Ann.
						§
												69-1-18.
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 01 - Retail Food Store Sanitation › Retail Sale of Pre-packaged Frozen Desserts from Mobile Vehicles › Section 2-1-4-01-106.01 - Definitions

Current through June 25, 2024
1.
Mobile vehicle
is
					 any land vehicle that is capable of being moved from place to place and is not
					 stationary.
2.
Transient vendor
is a retailer who engages in the
					 selling of frozen desserts at any place in the state temporarily and who does
					 not intend to become or does not become a permanent retailer of such
					 place.
3.
Frozen
					 Desserts
means any foods which conform to the provisions of the
					 United States Food and Drug Administration, Title 21, Code of Federal
					 Regulation, Part 135, Subpart B. Frozen Desserts shall include pre-packaged
					 products such as ice cream, frozen custard, ice milk, sherbet, frozen yogurt,
					 ice cream sandwiches, bars or cookies.
4.
Cold plate
means
					 a refrigeration system that uses frozen eutectic plates inside the body
					 compartment to absorb heat as a means of maintaining desired temperature
					 levels. Those passive plates must be refrozen each day during a 10 to 12 hour
					 electrical plug in of the onboard refrigerant compressor.
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 01 - Retail Food Store Sanitation › Retail Sale of Pre-packaged Frozen Desserts from Mobile Vehicles › Section 2-1-4-01-106.02 - Retail Sale of Pre-packaged Frozen Desserts from Mobile Vehicles by Transient Vendors

Current through June 25, 2024
1. A retail food
					 establishment license must be obtained for each vehicle in operation prior to
					 putting each vehicle into service. The license shall be conspicuously displayed
					 on the vehicle during sales. The vendor shall present the vehicle to the
					 Department for inspection prior to the licensing process and once every six
					 months thereafter, for as long as it remains in service. Mobile vehicles may be
					 randomly inspected at anytime by Department personnel.
2. The vehicle's storage areas shall be
					 completely enclosed.
3. Floors and
					 walls of the vehicle and the product containers shall be made of material
					 having a smooth surface and cleaned and maintained in a sanitary condition with
					 the use of a cleaning product recognized by the food industry and used in
					 accordance with the manufacturer's labeling instructions.
4. Advertisements must be completely in
					 accordance with the labeling on the packages or containers. Standard weight
					 packages may show a total price only in the advertisement.
5. Vehicles must have a workable continuous
					 mechanical refrigeration system or an approved cold plate system as the
					 refrigeration source. Frozen Desserts shall remain in a frozen state, under
					 proper refrigeration, until sold. All frozen desserts' products offered for
					 sale shall be labeled, for individual sale, as defined by the current edition
					 of the U.S. Public Health and Human Services-FDA Food Code.
6. All frozen desserts shall be protected
					 from contamination from dust, dirt, foreign or injurious contamination and from
					 cross-contamination by other type food products.
7. The name, address and telephone number of
					 the vendor shall be conspicuously displayed on the vehicle at all times during
					 sales.
8. Sample boxes shall not be
					 displayed out of refrigeration. Frozen Desserts' products sold to customers at
					 locations other than the vehicle must be picked up by the customer from the
					 vehicle.
9. In addition to the
					 above, applicable parts of the Mississippi Department of Agriculture and
					 Commerce laws, rules and regulations covering foods would also apply.
Miss. Code Ann.
						§
												69-1-18
						(Rev. 2005).