MCA Chapter 35

in effect

Miss. Code Ann. § 69-35-1 Title.

This act shall be known as the “Mississippi Dairy Promotion Act.”

Miss. Code Ann. § 69-35-3 Legislative findings, purpose and policy.

It is hereby declared and the Legislature hereby finds that: Dairy products are basic foods that are a valuable part of the human diet; The production of dairy products plays a significant role in the state’s economy, the milk from which dairy products are manufactured is produced by milk producers and dairy products are consumed by thousands of people throughout the state and the United States; Dairy products must be readily available and marketed efficiently to ensure that the people of the state receive adequate nourishment; The maintenance and expansion of existing markets for dairy products are vital to the welfare of milk producers and those concerned with marketing, using and producing dairy products, as well as to the general economy of the state; Dairy products move in intrastate, interstate and foreign commerce; The Ninety-eighth Congress of the United States enacted the Dairy Production Stabilization Act of 1983 and established the National Dairy Board (7 U.S.C. 4501 et seq.) authorizing the establishment of orderly procedures for financing promotional and educational programs for milk and dairy products through a mandatory Fifteen Cents (15¢) per hundredweight assessment on all milk produced in the United States for commercial use, and the carrying out of a coordinated program of promotion designed to strengthen the dairy industry’s position in the marketplace, and authorizing such orderly procedures to permit a milk producer or a producer’s cooperative to establish that the producer is participating in active, ongoing qualified state or regional dairy product promotion or nutrition education programs intended to increase consumption of milk and dairy products generally, to receive credit in determining the assessment due from such producer for contributions to such state programs in an amount not in excess of Ten Cents (10¢) per hundredweight of milk marketed; and The American Dairy Association of Mississippi has been designated by the Secretary of Agriculture of the United States Department of Agriculture as a qualified promotional organization pursuant to the terms of the Dairy Production Stabilization Act of 1983 (7 U.S.C. Section 4501 et seq). It, therefore, is declared to be the policy of the Legislature that it is in the public interest to authorize the establishment, through the exercise of the powers provided in this act, of an orderly procedure for financing (through assessments on all milk produced in the state for commercial use) and carrying out a coordinated program of promotion designed to strengthen the dairy industry’s position in the marketplace and to maintain and expand domestic and foreign markets and uses for fluid milk and dairy products produced in the state and the United States. All funds obtained by the state ADA as a result of the passage of this act shall be exclusively utilized to promote the dairy industry within the State of Mississippi, and its contiguous states. Nothing in this act may be construed to provide for the control of production or otherwise limit the right of individual milk producers to produce milk.

Miss. Code Ann. § 69-35-5 Definitions.

The following terms shall have the following meanings unless context shall provide otherwise: “State” means the State of Mississippi; “Milk” means any class of cow’s milk produced in the state; “Dairy products” means products manufactured for human consumption which are derived from the processing of milk and includes fluid milk products; “Fluid milk products” means those products normally consumed in liquid form as a beverage; “Person” means any individual, group of individuals, partnership, corporation, association, cooperative association, or any other entity; “Producer” means any person engaged in the production of milk for commercial use; “Promotion” means actions such as paid advertising, sales promotion and publicity to advance the image and sales of and demand for dairy products; “Nutrition education” means those activities intended to broaden the understanding of sound nutritional principle including the role of milk and dairy products in a balanced diet; “State ADA” means the American Dairy Association of Mississippi; “Extension service” means the Mississippi Cooperative Extension Service; “Bulk tank unit” means a bulk tank unit as defined in accordance with the State Board of Health, Dairy Inspection Division; “Block voting” means the vote cast by associations approved to be eligible to vote as described in Section 69-35-25; “Handler” means any person engaged in the business of distributing, marketing, or in any manner handling fluid milk or dairy products, in whole or in part, for consumption; “National Dairy Board” means the National Dairy Promotion and Research Board established under 7 U.S.C. 4504, as amended; “Act” shall mean the Mississippi Dairy Promotion Act; and “Cooperative association” means any cooperative marketing association of producers which is organized under the provisions of the act of Congress of February 18, 1922, known as the “Capper-Volstead Act.”

Miss. Code Ann. § 69-35-7 Activities under chapter not illegal or in restraint of trade.

No association, meeting or activity undertaken pursuant to the provisions of this act and intended to benefit all of the producers and handlers of milk and dairy products in Mississippi shall be deemed or considered illegal or in restraint of trade.

Miss. Code Ann. § 69-35-9 Dairy producers’ referendum on levying milk assessment.

It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that, producers and handlers of milk and dairy products shall be permitted by referendum to be held among producers in the state and subject to the provisions of this act, to levy upon themselves an assessment on such milk produced in the state, for the purpose of financing or contributing towards the financing of a program of promotion and nutrition education designed to strengthen the dairy industry’s position in the marketplace and to maintain and expand domestic and foreign markets and use for fluid milk and dairy products produced in the state and the United States. It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that the state ADA conduct the referendum in coordination with the extension service in accordance with the provisions of this act and the Federal Dairy Promotion Program codified in 7 U.S.C. 4501, et seq.

Miss. Code Ann. § 69-35-11 Procedures for holding referendum; ballots; maximum assessment.

With respect to any referendum conducted under the provisions of this act, the state ADA and extension service shall, before calling and announcing such referendum, fix, determine and publicly announce at least thirty (30) days before the date determined upon for such referendum, the date, hours and polling places for voting in such referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected if authorized by the producers, and the general purposes to which said amount so collected shall be applied. No annual assessment levied under the provisions of this act shall exceed the federally mandated Fifteen Cents (15¢) per hundredweight of milk produced, however an amount not to exceed Ten Cents (10¢) per hundredweight of milk produced shall be credited to the State ADA for dairy product promotion or nutrition education programs. As an alternative method of conducting a referendum under the provisions of this act, the state ADA and extension service in its discretion may conduct the referendum by a mail ballot as herein provided. In the event that a decision is made to conduct a mail ballot, public notice of said mail ballot shall be made at least thirty (30) days before the date of said referendum. Said notice shall contain the same information required by subsection (1) of this section except that the notice will also state that the ballot is to be conducted by mail rather than at polling places. The notice shall also state that official ballots are being mailed on a date specified in the notice to all bulk tank units known by the state ADA and extension service to be eligible to vote and that any bulk tank unit not receiving by mail an official ballot by a date specified in the notice will have ten (10) days thereafter to apply for an official ballot at the office of the state ADA. The notice shall state the deadline for the receipt of all ballots and the address of the state ADA. Official ballots shall be prepared by the state ADA and extension service and mailed by first class mail to the last known address of all bulk tank units known to be eligible to vote. As announced in the public notice, said ballots shall be made available for a period of not less than ten (10) days, to those who are eligible to vote in said referendum and did not receive a ballot by mail. Before any bulk tank unit shall receive an official ballot, he shall furnish such proof as the state ADA and extension service may require of his eligibility to vote in said referendum. The state ADA shall keep a list of those bulk tank units who receive official ballots. No bulk tank unit may receive more than one (1) official ballot unless the bulk tank unit proves to the satisfaction of the state ADA and extension service that the ballot has been lost or destroyed. No votes shall be counted which are not on official ballots. To be eligible to be counted, ballots must be received by the state ADA at the place and by the deadline previously announced in the public notice of said referendum.

Miss. Code Ann. § 69-35-13 Supervision of referendum; expense.

The arrangements for, management and supervision of any referendum conducted under the provisions of this act shall be under the direction of the state ADA in cooperation with the county extension agent of each county in the state, and any and all expenses in connection therewith shall be borne by the state ADA.

Miss. Code Ann. § 69-35-15 Referendum to be statewide; question to be submitted.

Any referendum conducted under the provisions of this act shall be held on a statewide basis. In such referendum, the bulk tank units eligible for participation shall vote upon the question of whether or not there shall be levied an annual assessment for a period of five (5) years in the amount set forth in the call for such referendum.

Miss. Code Ann. § 69-35-17 Majority vote rules.

If in such referendum called under the provisions of this act a simple majority of the bulk tank units eligible to participate and voting therein shall vote in the affirmative and in favor of the levying and collection of such assessment proposed in such milk referendum covered thereby, then such assessment shall be collected in the manner determined and announced by the state ADA.

Miss. Code Ann. § 69-35-19 Defeat of referendum; subsequent referendums.

In the event such referendum so to be conducted as herein provided shall not be supported by a majority of those eligible for participation and voting therein, then the state ADA and extension service conducting the said referendum shall have the full power and authority to call another referendum for the purposes herein set forth in the next succeeding year, on the question of an annual assessment for five (5) years.

Miss. Code Ann. § 69-35-21 Time, manner, and form of giving notice of referendum; contents of notice.

The hours, voting places, rules and regulations of the milk and dairy products, said referendum date, hours, voting places, rules and regulations with respect to the holding of such referendum shall be published by the state ADA and extension service through the medium of the public press in the state at least thirty (30) days before the holding of such referendum, and direct written notice thereof shall likewise be given to all dairy-related organizations within the state and to each county extension agent and shall likewise state the method by which such assessment shall be collected and how the proceeds thereof shall be administered and the purposes to which the same shall be applied, which purposes shall be in keeping with the provisions of this act.

Miss. Code Ann. § 69-35-23 Preparation and distribution of ballots; conduct of referendum; results.

The state ADA and extension service shall likewise prepare and distribute in advance of such referendum all necessary ballots for the purposes thereof, and shall, under rules and regulations promulgated, arrange for the necessary poll holders for conducting the said referendum; and following such referendum and within ten (10) days thereafter shall canvas and publicly declare the result of such referendum.

Miss. Code Ann. § 69-35-25 Vote of cooperative associations.

In conducting any referendum under this act, the state ADA and extension service shall consider the approval or disapproval by any cooperative association engaged in a bona fide manner in marketing milk or the dairy products as the approval or disapproval of the producers who are members of or under contract with such cooperative association of producers. In order to be eligible to vote in a referendum, a cooperative association must: Certify to the state ADA and extension service in conjunction with casting its ballot, that the association is organized under the provisions of the “Capper-Volstead Act” and that it is engaged in a bona fide manner in marketing its members’ milk or dairy products; Certify to the state ADA and extension service in conjunction with casting its ballot, the number of bulk tank units on whose behalf the cooperative association is casting a ballot, that such bulk tank units are members of or under contract with the cooperative association and that the association was engaged during the representative period in marketing the milk of each of the bulk tank units for whom the cooperative association claims the right to vote; Furnish to the state ADA and extension service in conjunction with casting its ballot, a copy of the resolution authorizing the casting of the ballot; Certify to the state ADA and extension service in conjunction with casting its ballot, that the cooperative association has complied with the requirements of subsection (3) of this section; and Agree to make available to the state ADA and extension service necessary records and information pertaining to the representative period to validate the eligibility of the cooperative association to vote and to verify the number and identity of the producers on whose behalf the cooperative association claims the right to vote. Not later then thirty (30) days prior to the beginning of the referendum, each cooperative association shall notify the state ADA and extension service as to whether or not the association intends to vote on behalf of its bulk tank units.

Miss. Code Ann. § 69-35-27 Collection of assessment; failure to pay assessment.

In the event a majority of the bulk tank units eligible for participation in such referendum and voting therein shall vote in favor of such assessment, then the said assessment shall be collected monthly for the number of years set forth in the call for such referendum, and the collection of such assessment shall be under such method, rules and regulations as may be determined by the state ADA conducting the same; and the said assessment so collected shall be paid into the treasury of the state ADA to be used together with other funds from other sources. Funds to be collected pursuant to a referendum conducted under this act shall be withheld and paid by each handler, including producer handlers, to the state ADA by the last calendar day of the month succeeding the month in which the milk was received by the handler. In the event of a failure to pay part or all of an assessment levied pursuant to this act, the Attorney General of the state shall, upon the request of the state ADA, enforce the provisions of this act and collect such monies for payment to the state ADA. In the alternative to requesting the Attorney General to enforce the provisions of this act, the state ADA may bring a civil action to collect assessment from a handler failing to pay such assessments. A handler found to have failed to pay assessments pursuant to this act shall also be liable for reasonable attorney’s fees and costs in the collection of such assessments.

Miss. Code Ann. § 69-35-29 Refund of assessments.

In the event such referendum is carried in the affirmative and the assessment is levied and collected as provided herein and under the regulations to be promulgated by the state ADA, any bulk tank unit upon and against whom such assessments shall have been levied and collected under the provisions of this act, if a bulk tank unit is dissatisfied with said assessment and the result thereof, such unit shall have the right to demand that the treasurer of the state ADA refund such assessment so collected from such bulk tank unit, provided such demand for refund is made in writing within thirty (30) days from the date on which said assessment is collected or due to be collected, whichever is earlier, from such bulk tank unit under the rules and regulations of the state ADA. Pursuant to the Dairy Promotion Stabilization Act of 1983, 7 U.S.C. Section 4510 et seq., any such funds shall be transferred to the National Dairy Board by the treasurer of the state ADA.

Miss. Code Ann. § 69-35-31 Report of amount of assessments received and collected.

In the event of the levying and collection of assessments as herein provided, the treasurer of the state ADA conducting same shall, within ninety (90) days after the end of any calendar year in which such assessments are collected, have available upon written request by a producer, or extension service or other agency of the state, a statement of the amount or amounts so received and collected by him under the provisions of this act.

Miss. Code Ann. § 69-35-33 Date of initial referendum.

The date of any initial referendums authorized under the provisions of this act shall be set on or before June 1, 1989.