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 03 - Fertilizer › Customer Formula Fertilizer Blending Facility › Section 2-1-3-03-107.08

Current through June 25, 2024
A firm may operate both as a custom-mixed fertilizer
						distributor and as a standard grade fertilizer distributor by paying all
						appropriate fees, keeping the proper records, and complying with all other
						provisions of the law and regulations appropriate to each type of
						operation.
Miss. Code Ann.
						§
												75-47-27.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 03 - Fertilizer › Distribution of Results of Official Analysis and Portions of Official Samples › Section 2-1-3-03-108.01

Current through June 25, 2024
In accordance with Section
						75-47-15
						Inspection, Sampling, Analysis (d) of the Mississippi Fertilizer Law, the
						results of official analysis will be distributed in the following manner: one
						copy each to the Commissioner, the guarantor, the dealer, and the State
						Chemist. Extra copies may be obtained on request to the State
						Chemist.
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 03 - Fertilizer › Distribution of Results of Official Analysis and Portions of Official Samples › Section 2-1-3-03-108.02

Current through June 25, 2024
A subportion of the retained official sample on any
						fertilizer labeled as deficient by the State Chemist and Commissioner may be
						obtained by the guarantor for analysis in his own or commercial laboratories
						upon request in writing to the State Chemist for such subsample. Requests for
						such subsamples will be honored only if they are made within 60 days of the
						date of reporting of the fertilizer analysis from the State Chemist's
						office.
Miss. Code Ann.
						§
												75-47-27.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 03 - Fertilizer › Application and Issuance of Permits › Section 2-1-3-03-109

Current through June 25, 2024
Any manufacturer, importer, jobber, firm, corporation,
						association of persons or person, shall make application to the Commissioner of
						Agriculture and Commerce for a permit to report the tonnage of fertilizer or
						fertilizer materials and pay the inspection fee on all fertilizer and
						fertilizer materials sold or distributed in Mississippi. All permits shall be
						conditioned on the applicant's agreeing to keep such records as may be
						necessary to indicate accurately the tonnage and kind of commercial fertilizer
						and fertilizer materials sold and as are satisfa ctory to the Commissioner of
						Agriculture and Commerce, and granting the Commissioner of Agriculture and
						Commerce or his duly authorized representative permission to examine such
						records and verify the statement of tonnage.
Miss. Code Ann.
						§
												75-47-27.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 03 - Fertilizer › Specialty Fertilizers › Section 2-1-3-03-110.01

Current through June 25, 2024
Specialty Fertilizers as defined in
Miss. Code
						Ann.
Section
						75-47-5(3)may
						be offered for sale or distribution; provided they comply with all the
						requirements established for mixed fertilizers in Section
						75-47-1 through
						75-47-39
						and regulations promulgated thereunder; except a specialty fertilizer is not
						required to conform to an approved grade or ratio, and exceptions to the
						minimum requirements stated in Sections 102 and 103 of this chapter may be
						allowed if justified in writing and approved by the Mississippi Fertilizer
						Grades and Ratios Committee.
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 03 - Fertilizer › Specialty Fertilizers › Section 2-1-3-03-110.02

Current through June 25, 2024
Low analysis specialty fertilizers that comply with all
						the requirements of a specialty fertilizer except Section 102 of this chapter
						may be offered for sale or distribution, provided they are prominently labeled,
						"Low Analysis Fertilizers". The brand name shall contain the grade numerals in
						terms of primary plant foods, e.g. "African Violet Plant Food 1-1-1". Low
						Analysis Specialty Fertilizers shall contain not less than 3% total primary
						plant food. Provided, however, fish emulsion/hydrolysate, bone meal, blood
						meal, oilseed meal, hydrolized feather meal, meat meal, poultry meal, fish meal
						and activated sewage products may be sold without the caption "Low Analysis
						Fertilizer".
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 03 - Fertilizer › Specialty Fertilizers › Section 2-1-3-03-110.03

Current through June 25, 2024
All specialty fertilizers shall be labeled with clear
						and explicit directions for use of the product, for all appropriate and
						intended use. Directions shall include adequate warnings and/or
						safeguards.
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 03 - Fertilizer › Specialty Fertilizers › Section 2-1-3-03-110.04

Current through June 25, 2024
If fertilizers include any seeds, pesticides, chemicals
						or items other than plant food nutrient sources, they shall be registered,
						labeled and distributed in accordance with other State laws governing such
						products in addition to the
Miss. Code Ann.
§§
											75-47-1 through
						75-47-39.
Miss. Code Ann.
						§
												75-47-27.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 03 - Fertilizer › Manipulated Animal and Vegetable Manures › Section 2-1-3-03-111.01

Current through June 25, 2024
For purpose of administration and enforcement of the
						terms and conditions of the Mississippi Fertilizer Law as it applies to animal
						and vegetable manures, the term manipulated or manipulation shall mean "Manures
						that have been pulverized, shredded, composted or otherwise processed or
						treated, including drying to a moisture content of less than thirty percent
						(30%)".
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 03 - Fertilizer › Manipulated Animal and Vegetable Manures › Section 2-1-3-03-111.02

Current through June 25, 2024
Manipulated animal and vegetable manures shall be
						registered by brand and grade, with the Commissioner of Agriculture and
						Commerce and State Chemist and shall be subject to inspection, sampling,
						reporting, etc. as required for any other commercial fertilizer
						products.
Miss. Code Ann.
						§
												75-47-27.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 03 - Fertilizer › Industrial By Product As a Source of Plant Nutrients › Section 2-1-3-03-112.01

Current through June 25, 2024
"Industrial By-Product" means any industrial waste,
						by-product or co-product containing recognized plant nutrients in an available
						form and at significant levels to be considered a source of fertilizer
						material. Acceptable levels of such recognized plant nutrients shall be
						established by regulation.
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 03 - Fertilizer › Industrial By Product As a Source of Plant Nutrients › Section 2-1-3-03-112.02

Current through June 25, 2024
Such fertilizer materials declared unsafe by the
						Mississippi Department of Environmental Quality, Mississippi Department of
						Health or the U.S. Environmental Protection Agency shall not be sold, offered
						for sale, traded, bartered or given away for use on agricultural land or public
						contact site(s) in this state; except as may be approved for controlled or
						limited applications by such regulating agencies or other regulating agencies
						having regulatory jurisdiction in such matters on a case by case
						basis.
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 03 - Fertilizer › Industrial By Product As a Source of Plant Nutrients › Section 2-1-3-03-112.03

Current through June 25, 2024
Such industrial waste, by-product or co-product
						fertilizer materials that have been declared safe for use on agricultural land
						and public contact site(s), by the appropriate regulatory jurisdiction may be
						approved for permitting and registration by the Commissioner and State Chemist
						and shall be subject to inspection, sampling, reporting, etc. as required for
						any other commercial fertilizer products. Documented approval of the safety of
						such industrial waste, by-product or co-product fertilizer material by the
						responsible regulating agency(ies) shall be furnished by applicant to the
						Commissioner and State Chemist annually at the time of product
						registration.
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 03 - Fertilizer › Industrial By Product As a Source of Plant Nutrients › Section 2-1-3-03-112.04

Current through June 25, 2024
The Commissioner and State Chemist shall not issue a
						manufacturer permit or register any Industrial Waste Product, By-Product or
						Co-Product fertilizer material which has been permitted and approved for
						restricted use by the Mississippi Department of Environmental Quality,
						Mississippi Department of Health or U.S. Environmental Protection Agency or any
						other agency of the state or federal governments who exercises regulatory
						authority over such products or the company producing such
						products.
Miss. Code Ann.
						§
												75-47-27.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 03 - Fertilizer › Advisory Council Establishment, Composition, and Duties › Section 2-1-3-03-113.01

Current through June 25, 2024
In accordance with Section
						75-47-7(4)(5)
						and Section
						75-47-9(1)(2)
						of the Mississippi Fertilizer Law of 1970, the Commissioner and State Chemist
						do hereby establish an advisory council. The Commissioner, State Chemist, and
						Director of the Mississippi Agricultural and Forestry Experimental Station may
						rely on the advisory council as an outside source for assistance in the
						evaluation and scientific review of fertilizer product guarantees or claims for
						the establishment of minimum amounts of plant nutrients which may be
						guaranteed, ratios of fertilizer elements, and minimum analysis grades of mixed
						fertilizer adequate to meet the agricultural needs of the
						state.
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 03 - Fertilizer › Advisory Council Establishment, Composition, and Duties › Section 2-1-3-03-113.02

Current through June 25, 2024
The Advisory Council shall be composed of scientists and
						experts in agronomy, horticulture, soil science, plant physiology, and other
						related agricultural and biochemical disciplines as needed, as recommended to
						the Commissioner and State Chemist by the Directors of the Mississippi
						Agricultural and Forestry Experiment Station and the Mississippi Cooperative
						Extension Service.
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 03 - Fertilizer › Advisory Council Establishment, Composition, and Duties › Section 2-1-3-03-113.03

Current through June 25, 2024
Such Advisory Council members may meet with the
						Commissioner and State Chemist at hearings called for the purpose of adopting
						Rules or Regulations as provided under terms of this Law, and at such other
						times as needed.
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 03 - Fertilizer › Advisory Council Establishment, Composition, and Duties › Section 2-1-3-03-113.04

Current through June 25, 2024
Among Advisory Council members' duties, but not to the
						exclusion of others, as may be requested by the Commissioner and State Chemist,
						are:
1. Provide scientific review,
					 advice, and independent scientific experimental data where available, on all
					 claims made by applicant(s) for registration of specific products under this
					 law at the time of application for registration, or claims subsequently made by
					 the registrant in labeling and advertising.
2. Provide review, advice, and comment on
					 labels and all labeling (including brochures, newsletters, TV, radio, and other
					 advertising, attached to the product or distributed in the state in any way in
					 connection with any product subject to registration or regulation by this
					 law.
3. Provide recommendations and
					 advice on minimum amounts of plant nutrients which may be guaranteed,
					 fertilizer grades and ratios, and minimum analysis grades of mixed fertilizer
					 or fertilizer ingredients adequate to meet the agricultural needs of the
					 state.
Miss. Code Ann.
						§
												75-47-27.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 04 - Agricultural Liming Materials › Neutralizing and Screening Standards For Agricultural Liming Materials › Section 2-1-3-04-100.01

Current through June 25, 2024
All agricultural liming materials, except marl, offered
						for sale, sold, or distributed in this state shall have clearly stated in the
						guarantee, the actual Relative Neutralizing Value (RNV). RNV is an expression
						of aglime effectiveness based on the combined effect of Calcium Carbonate
						Equivalent (CCE) and fineness of grind. The RNV is determined by multiplying
						CCE by a set of factors based on the particle size of the agricultural liming
						material. The minimum RNV allowed for sale in Mississippi shall be 63%.
Particle Size
% Effectiveness of aglime material
Larger than 10 mesh
0
Between10 and 50 mesh
50
Less than 50 mesh
100
Computation of Percent Relative Neutralizing
						Value.
% RNV = CCE x
(% passing 10 mesh + % passing
						a 50 mesh)
/2
The RNV of 63% is derived by the following formula. For
						example, an agricultural liming material with a CCE of 90% with 90% of the
						material passing a 10 mesh screen and 50% passing a 50 mesh screen would
						calculate as follows: % RNV = .90(
90 + 50
)/2 +
						.90(
140
)/2 = .90(70) = 63%
The actual RNV of the agricultural liming material must
						be shown prominently on the front face of the label, sales invoice, delivery
						ticket or bulk ticket.
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 04 - Agricultural Liming Materials › Neutralizing and Screening Standards For Agricultural Liming Materials › Section 2-1-3-04-100.02

Current through June 25, 2024
Marl offered for sale, sold, or distributed in this
						state as an agricultural liming material shall have a CCE of not less than 70%
						and be processed to such a degree of fineness that not less than 80% of the
						material will pass a 10 mesh screen.
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 04 - Agricultural Liming Materials › Neutralizing and Screening Standards For Agricultural Liming Materials › Section 2-1-3-04-100.03

Current through June 25, 2024
When an agricultural liming material is mixed with
						enough water to be applied as a spray and is offered for sale, sold, or
						distributed in this state, 100% of the material shall pass a 100 mesh
						screen.
Miss. Code Ann.
						§
												69-39-19.
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 04 - Agricultural Liming Materials › Neutralizing Value Requirements of Other Agricultural Liming Materials › Section 2-1-3-04-101.01

Current through June 25, 2024
Burnt lime, hydrated lime, and industrial by-products
						sold as agricultural liming material shall have a CCE of not less than that
						guaranteed on the label of the product, expressed on a dry weight
						basis.
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 04 - Agricultural Liming Materials › Neutralizing Value Requirements of Other Agricultural Liming Materials › Section 2-1-3-04-101.02

Current through June 25, 2024
An agricultural liming material of 100 mesh fineness
						when mixed with enough water for application as a spray shall have a CCE of 44%
						or greater on a net weight basis.
Miss. Code Ann.
						§
												69-39-19.
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 04 - Agricultural Liming Materials › Penalties for Deficiencies in Screening, Neutralizing Values, and Guarantees › Section 2-1-3-04-102

Current through June 25, 2024
If any agricultural liming material sold in this State
						shall upon official analysis prove to be deficient in meeting the RNV
						guarantee, as stated on the label, sales invoice, delivery ticket or bulk
						ticket, the penalties, as hereinafter provided, shall be assessed against the
						packer or manufacturer. The penalties for such deficiencies shall be as
						follows:
1. For marl deficient from
					 the minimum calcium carbonate equivalent on the labeling, the penalty shall be
					 $.20 (twenty cents) per ton for each percentage point below the label guarantee
					 with a tolerance of 5%. If the deficiency exceeds the 5% tolerance, then the
					 $.20 (twenty cents) per ton penalty shall be assessed upon the total
					 deficiency.
2. For marl deficient
					 in material passing a 10 mesh screen, the penalty shall be $.20 (twenty cents)
					 per ton for each percentage point below the label guarantee.
3. For an agricultural liming material
					 deficient in RNV, the penalty shall be $1.00 per ton for each RNV unit below
					 the label guaranteed RNV. For agricultural liming material with a guaranteed
					 RNV between 63 and 67, there will be a tolerance of 3 RNV units. For
					 agricultural liming material with a guaranteed RNV of 68 or greater, there will
					 be a tolerance of 5 RNV units. If the RNV deficiency exceeds the tolerance,
					 then $1.00 per RNV unit of deficiency shall be assessed upon the total
					 deficiency. If the RNV is 60 or lower, then the agricultural liming material
					 will be placed on stop sale and cannot be sold in Mississippi.
4. For an agricultural liming material that
					 is mixed with enough water for application as a spray and is deficient in
					 passing a 100 mesh screen, the penalty shall be $.20 (twenty cents) per ton of
					 solution for each percentage point below the label guarantee. For deficiency in
					 required neutralizing value, the penalty shall be $.20 (twenty cents) per ton
					 of solution for each percentage point below the label guarantee.
5. For agricultural liming material deficient
					 in the guaranteed magnesium, available phosphorus (P2O5), soluble potassium
					 (K2O), or other elements guaranteed by the label, the penalty shall be $.50
					 (fifty cents) per ton for each 10% deficiency from the label
					 guarantee.
6. When the maximum
					 moisture content exceeds the label guarantee a penalty of $.50 (fifty cents)
					 per percentage point per ton shall be assessed.
Miss. Code Ann.
						§
												69-39-19.
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 04 - Agricultural Liming Materials › Payment of Penalties › Section 2-1-3-04-103

Current through June 25, 2024
Penalties assessed under terms of section 102 of this
						chapter shall be paid to the Commissioner within thirty days from the date such
						penalty shall have been assessed. Penalties which are not paid as herein
						required shall be considered delinquent and an additional penalty of ten
						percent (10%) of the amount of the balance due shall be added to the assessed
						penalty for each month such penalty continues to be
						delinquent.
Miss. Code Ann.
						§
												69-39-19.
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 04 - Agricultural Liming Materials › Adulterated Liming Material › Section 2-1-3-04-104

Current through June 25, 2024
An agricultural liming material shall be deemed to be
						adulterated when it contains foreign material including but not limited to the
						following:
1. If it bears or contains
					 gravel, soil, sticks, wire, nails, stones and/or metal mechanical
					 parts.
2. If it contains any
					 material that has been declared to be unsafe for use on agricultural lands used
					 for crop or livestock production by the Mississippi Department of Environmental
					 Quality, the Mississippi Department of Health, the U.S. Environmental
					 Protection Agency or any other state or federal agency which may be vested with
					 responsibility for such determinations.
3. Any material or substance which lowers the
					 RNV of the agricultural liming material.
Miss. Code Ann.
						§
												69-39-19.
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 04 - Agricultural Liming Materials › Industrial By Products › Section 2-1-3-04-105.01

Current through June 25, 2024
Agricultural liming materials, including but not limited
						to "Industrial By-Product" waste liming material, which have been declared to
						be toxic and/or unsafe by the Mississippi Department of Environmental Quality,
						the Mississippi Department of Health and the U.S. Environmental Protection
						Agency shall not be sold, offered for sale or given away for use on
						agricultural land or public contact sites in this state; except as may be
						approved for controlled or limited applications by such regulating agencies or
						other regulating agencies having regulatory jurisdiction in such matters on a
						case by case basis.
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 04 - Agricultural Liming Materials › Industrial By Products › Section 2-1-3-04-105.02

Current through June 25, 2024
Such agricultural liming materials that have been
						declared safe for use on agricultural land and public contact sites may be
						approved for permitting by the Commissioner. Documented approval of the safety
						of such agricultural liming materials by the responsible regulating agency
						(ies) shall be furnished by the applicant to the Commissioner annually at the
						time of product registration.
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 04 - Agricultural Liming Materials › Industrial By Products › Section 2-1-3-04-105.03

Current through June 25, 2024
The Commissioner shall not issue a manufacturer or
						distributor's permit for the sale or distribution of any "Industrial
						By-Product" waste liming material which has been permitted and approved for
						restricted use by the Mississippi Department of Environmental Quality, the
						Mississippi Department of Health or the U.S. Environmental Protection
						Agency.
Miss. Code Ann.
						§
												69-39-19.
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 04 - Agricultural Liming Materials › Registration › Section 2-1-3-04-106

Current through June 25, 2024
Each brand and separately identified liming material
						shall be registered on or before July 1 of each year. All agricultural liming
						material registrations will expire on June 30 of the next
						year.
Miss. Code Ann.
						§
												69-39-19.
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 04 - Agricultural Liming Materials › Official Samples; Distribution of Reports; Availability of Portions of Official Samples › Section 2-1-3-04-107

Current through June 25, 2024
The results of all analyses of official samples shall be
						forwarded by the State Chemist to the person named on the label and to the
						purchaser. A sub-portion of the retained official sample on any lime product
						found to be deficient by the State Chemist 910 may be obtained by the guarantor
						for analysis in his own or commercial laboratories upon written request to the
						Commissioner. Requests for such sub-samples will be honored only if they are
						made within 30 days of reporting the lime analysis from the State Chemist's
						office. Such laboratory determinations shall not alter in any way the results
						of laboratory tests by the State Chemist or penalties assessed by the
						Commissioner, except as may be standard procedure for such laboratory testing
						by the State Chemist.
Miss. Code Ann.
						§
												69-39-19.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Administrative Procedures and Hearing Rules for Promulgation of Regulations › Section 2-1-3-05-100.01

Current through June 25, 2024
An announcement of public hearing for promulgation of
						proposed rules and regulations will be made by the Commissioner and State
						Chemist in a newspaper of general circulation on two successive weeks at least
						thirty (30) days prior to the proposed hearing date. This notice will be filed
						with the Office of the Secretary of State, along with copies of the proposed
						rules and regulations for mailing to interested parties requesting
						same.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Administrative Procedures and Hearing Rules for Promulgation of Regulations › Section 2-1-3-05-100.02

Current through June 25, 2024
A copy of the proposed regulations will be mailed to
						each firm currently registered to sell soil and plant amendments in the state
						at least twenty (20) days prior to the hearing date. The proposed regulations
						will also be mailed to any interested parties requesting same in writing, and
						to those who have made timely request of the Commissioner of Agriculture and
						the State Chemist for advance notice of rule-making proceedings in connections
						with this law. Requests for copies of proposed rules and regulations should be
						directed to the Commissioner of Agriculture and Commerce, or to the Secretary
						of State. The Secretary of State shall be reimbursed by the requesting party
						for the expense of providing such service.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Administrative Procedures and Hearing Rules for Promulgation of Regulations › Section 2-1-3-05-100.03

Current through June 25, 2024
Interested parties will submit comments or objections in
						writing (5 copies) postmarked not later than ten (10) days prior to the hearing
						date. If no written objections to the proposed regulations are received, it
						will be assumed by the Hearing Committee that such regulations will be
						acceptable to all concerned, and the Committee shall declare such regulations
						in force as of thirty (30) days following the hearing date.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Administrative Procedures and Hearing Rules for Promulgation of Regulations › Section 2-1-3-05-100.04

Current through June 25, 2024
A Hearing Committee shall meet on the assigned date and
						at the place specified in previous public announcement to hear discussion in
						support of previously submitted comments. The Committee shall consist of 1. The
						Commissioner of Agriculture and Commerce, Chairman, 2. The State Chemist, 3.
						The Director of the Mississippi Agricultural and Forestry Experiment Station,
						and 4. The Director of the Mississippi Cooperative Extension Service or their
						designee(2).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Administrative Procedures and Hearing Rules for Promulgation of Regulations › Section 2-1-3-05-100.05

Current through June 25, 2024
All hearings shall be open to all interested
						parties.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Administrative Procedures and Hearing Rules for Promulgation of Regulations › Section 2-1-3-05-100.06

Current through June 25, 2024
A recorder shall be present at hearings to make a full
						and accurate recording of the proceedings as needed for any subsequent
						review.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Administrative Procedures and Hearing Rules for Promulgation of Regulations › Section 2-1-3-05-100.07

Current through June 25, 2024
After all comments and objections, if any, to the
						proposed regulations have been heard, the Committee will weigh all evidence
						presented, both orally and in writing. The Committee will decide by a majority
						vote upon the merits of the objections.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Administrative Procedures and Hearing Rules for Promulgation of Regulations › Section 2-1-3-05-100.08

Current through June 25, 2024
If the Committee decides that one or more objection(s)
						to the proposed regulations has merit, it will attempt to reformulate the
						regulations at that time to satisfy the individual or firm raising the
						objection as well as the majority of the Committee. If this can be done, it may
						then approve the modified regulation by a majority vote.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Administrative Procedures and Hearing Rules for Promulgation of Regulations › Section 2-1-3-05-100.09

Current through June 25, 2024
All proposed and unmodified regulations approved by a
						majority of the Committee will be declared in effect and enforceable as of
						thirty (30) working days following the public hearing date. Notice of such
						adoption shall be mailed to all parties as shown in subsection
						100.02.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Administrative Procedures and Hearing Rules for Promulgation of Regulations › Section 2-1-3-05-100.10

Current through June 25, 2024
All regulations which are modified by the Committee at
						the hearing will be distributed as in Subsection (b) of the hearing rules, and
						comments and/or objections to the modified proposed regulation(s) will be
						required in writing as in subsection 100.03
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Administrative Procedures and Hearing Rules for Promulgation of Regulations › Section 2-1-3-05-100.11

Current through June 25, 2024
If no objection to the modified proposed regulation(s)
						are received within thirty (30) days from the date of their distribution as
						specified above, such modified proposed regulations will then be declared
						adopted and in effect and enforceable as of ten (10) days following date of
						adoption, and notice of same shall be mailed out as prescribed in subsection
						100.02 above.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Administrative Procedures and Hearing Rules for Promulgation of Regulations › Section 2-1-3-05-100.12

Current through June 25, 2024
If objection to the modified proposed regulation(s) is
						received under subsection 100.10 above, the Committee shall set a new date for
						public hearing of same and proceed as in subsections 100.08 and 100.10 to
						100.12.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Administrative Procedures and Hearing Rules for Promulgation of Regulations › Section 2-1-3-05-100.13

Current through June 25, 2024
At the conclusion of the second hearing, the Hearing
						Committee shall make its decision as to the adoption or rejection of the rule
						or regulation. If the decision of the Committee is to adopt the regulation, it
						shall be declared in effect and enforceable as of ten (10) days following the
						second public hearing. Notice of such adoption shall be mailed to all parties
						as prescribed in subsection 100.02.
Miss. Code Ann.
						§
												69-24-27.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Advisory Council Establishment, Composition and Duties › Section 2-1-3-05-101.01

Current through June 25, 2024
In accordance with Section
						69-24-7(3) and
						(4) of the Soil and Plant Amendment Law, the
						Commissioner and State Chemist do hereby establish an Advisory
						Council.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Advisory Council Establishment, Composition and Duties › Section 2-1-3-05-101.02

Current through June 25, 2024
The Advisory Council shall be composed of scientists and
						experts in agronomy, horticulture, soil science, plant physiology, and other
						related agricultural and biochemical disciplines as needed, as designated to
						the Commissioner and State Chemist by the Directors of the Mississippi
						Agricultural and Forestry Experiment Station and the Mississippi Cooperative
						Extension Service.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Advisory Council Establishment, Composition and Duties › Section 2-1-3-05-101.03

Current through June 25, 2024
Such Council members will meet with the Commissioner and
						State Chemist at hearings for promulgation and adoption of Rules and
						Regulations under this Law, in addition to or in lieu of the Directors of the
						Mississippi Agricultural and Forestry Experiment Station and the Mississippi
						Cooperative Extension Service, and at such other times as needed.
Among Advisory Council members' duties, but not to the
						exclusion of others as requested by the Commissioner and State Chemist, are as
						follows:
1. Provide scientific review,
					 advice, and independent scientific experimental data where available, on all
					 claims made by applicant for registration of specific products under this law
					 at the time of application for registration, or claims subsequently made by the
					 registrant in labeling and advertising.
2. Provide review, advice, and comment on
					 labels and all labeling (including brochures, newsletters, TV, radio, and other
					 advertising, and the like) associated or distributed in the state in any way in
					 connection with any product covered by this law.
3. Provide recommendations and advice on
					 minimum amounts of all soil or plant amending ingredients present or required
					 for efficacy in any product prior to its registration.
4. Provide advice on appropriate methods of
					 inspection, sampling, and analysis of all products which are accepted for
					 registration under this law by the Commissioner and State Chemist.
Miss. Code Ann.
						§
												69-24-27.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Investigational Allowances › Section 2-1-3-05-102.01

Current through June 25, 2024
A soil or plant amendment shall be deemed deficient if
						the analysis of the product shows it to be more than ten percent (10%) below
						its guaranteed minimum amount in any active ingredient other than recognized
						plant food nutrients prescribed in the Mississippi Fertilizer Law of 1970,
Miss. Code Ann.
§§
											75-47-1
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 05 - Soil and Plant Amendment Law › Investigational Allowances › Section 2-1-3-05-102.02

Current through June 25, 2024
Any plant nutrient or element, recognized as a valid
						plant nutrient under the Mississippi Fertilizer Law of 1970,
Miss. Code
						Ann.
§§
											75-47-1
et
						seq.
, present in the product and claimed on the label of a registered
						soil or plant amendment, shall be subject to requirements for labeling, minimum
						guarantees, analysis, and investigational allowances as prescribed in the
						Fertilizer Law and Regulations.
Miss. Code Ann.
						§
												69-24-27.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Analytical Methods For Active Ingredients › Section 2-1-3-05-103.01

Current through June 25, 2024
With applications for registration of any soil or plant
						amendment(s), the registrant shall submit to the State Chemist specific
						ingredients. The registrant shall supply one or more reproducible analytical
						method(s) for determining the quantity of each active ingredient. Such methods
						of analysis shall be certified by an analytical laboratory acceptable to the
						State Chemist as having been tested and found to be reliable (relative standard
						deviation +10%, maximum) for the accurate analysis of the specific active
						ingredient(s) in question, or adopted by the Association of Official Analytical
						Chemists (AOAC) as an Official Method.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Analytical Methods For Active Ingredients › Section 2-1-3-05-103.02

Current through June 25, 2024
The State Chemical Laboratory will test the method(s)
						submitted by the registration applicant on at least three samples of the
						product provided by the applicant with the method(s). If the State Chemist or
						his scientists are unable to make the method perform satisfactorily,
						registration will be denied.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Analytical Methods For Active Ingredients › Section 2-1-3-05-103.03

Current through June 25, 2024
Lack of provision of an acceptable analytical method(s)
						for measurement of the guaranteed quantity of any active ingredient claimed on
						the label or labeling shall be sufficient to require deletion of all claims on
						labels and labeling of that active ingredient. No ingredient shall be claimed
						which cannot be measured by a valid analytical method.
Miss. Code Ann.
						§
												69-24-27.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › To Define Fortified Potting Soil › Section 2-1-3-05-104.01

Current through June 25, 2024
The term fortified potting soil shall mean a potting
						soil or growth medium for planting use with fertilizer added. It may contain
						one or more primary or secondary plant nutrients.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › To Define Fortified Potting Soil › Section 2-1-3-05-104.02

Current through June 25, 2024
Fortified potting soil shall be registered by brand and
						grade with the Commissioner of Agriculture and Commerce and State Chemist and
						shall be subject to inspection, sampling, reporting, etc. as required for any
						other Soil and Plant Amendment products.
Miss. Code Ann.
						§
												69-24-27.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Minimum Standards For Soil and/or Plant Amendment Product Scientific Testing to Support Claims › Section 2-1-3-05-105

Current through June 25, 2024
The following procedures have been developed to provide
						information to applicants with respect to the efficacy standards that will be
						used to judge data in support of efficacy claims
1.
					 Objectives.
a. To field test the
					 effectiveness of a product and thereby obtain a statement on
					 efficacy.
b. Greenhouse (plant
					 forcing structures) testing must follow the same steps as field
					 trials.
c. The objective(s)
					 statement must identify the agricultural benefit(s), hereafter referred to as
					 agronomic (inclusive of agronomic, horticulture and silviculture), that will be
					 derived from the use of the product.
d. An example of an efficacy claim would be
					 "increases grain yields of wheat". Field trails must be designed to measure the
					 parameter identified in the claim. In this example, wheat yields would have to
					 be measured.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Industrial Waste, By-Product, or Co-Products as a Source of Soil/Plant Amendment Products Or Ingredients › Section 2-1-3-05-106.01

Current through June 25, 2024
"Industrial Waste, By-Product or Co-Product" means
						material derived from an industrial process which may possess properties
						considered to support claims as a source material for soil or plant amendment
						products.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 05 - Soil and Plant Amendment Law › Industrial Waste, By-Product, or Co-Products as a Source of Soil/Plant Amendment Products Or Ingredients › Section 2-1-3-05-106.02

Current through June 25, 2024
Such industrial waste, by-product or co-product material
						declared unsafe by the Mississippi Department of Environmental Quality,
						Mississippi Department of Health or U.S. Environmental Protection Agency shall
						not be sold, offered for sale, traded, bartered or given away for use on
						agricultural land and public contact site(s) in this state.