MCA Chapter 33

in effect

Miss. Code Ann. § 75-33-1 Short title of article.

This article may be cited as “The Meat, Meat-Food and Poultry Regulation and Inspection Law of 1960.”

Miss. Code Ann. § 75-33-3 Definition of terms; exemptions.

For the purpose of this article, the words and terms used herein shall have ascribed to them the following meanings: The word “person” shall include individuals, partnerships, corporations, associations, and any other legal entity recognized by law. The terms “meat” and “meat-food products,” whenever used in this article, shall include the carcasses or parts thereof, of cattle, sheep, goats, other ruminants, including exotic animals, swine, horses, mules, rabbits, poultry and ratites and the meat and meat-food products of such animals. The term “food unfit for human consumption” shall be construed to include the meat and meat-food products of horses and mules and all meats or meat-food products which are so affected with disease that it would be dangerous to use the meat or other parts for human food; also all meats or meat-food products which are contaminated, putrid, unsound, unhealthful, or otherwise unfit for food, or which have been derived from any animal which has died as a result of disease or accident, or which was in a dying condition at the time of slaughter. The word “establishment” as used in this article, shall include: (i) any building or structure in which slaughtering, butchering, meat processing, meat canning, meat packing, meat manufacturing or rendering is carried on; and (ii) the ground upon which such building or structure is erected, and so much ground adjacent thereto as is used in carrying on the business of such establishment, including drains, gutters, waste disposal and cesspools used in connection with the establishment. The word “equipment,” as used in this article, shall include all machinery, fixtures, containers, vessels, tools, implements and apparatus used in and about an establishment. The word “commissioner,” as used in this article, shall mean the Commissioner of Agriculture and Commerce, or his duly authorized deputies. The word “ratite,” means a member of a group of large flightless birds including the ostrich, rhea and emu. The words “exotic animal,” mean a member of a species of game not indigenous to this state, including axis deer, fallow deer, red deer or other cloven-hooved ruminant animals and ratites. All persons engaged in business as a meat broker, jobber, dealer, distributor, peddler, transporter, or wholesaler of any carcasses of meat animals or poultry or parts or products thereof, whether fresh, frozen, cured or otherwise and whether canned, wrapped, packaged or prepackaged, but not otherwise handled, whether intended for human food or other purposes, or any person engaged in the business as a public warehouseman storing any such items or products shall register with the commissioner on forms provided and shall operate under the applicable inspection authority provided in this article and by the Mississippi Meat Inspection Act of 1968 [Chapter 35 of Title 75], provided persons operating the aforementioned nonslaughter and nonprocessing businesses are exempt from the license and fee specified in Section 75-33-7. The slaughtering by any person of animals and poultry of his own raising, and the processing and transportation by him of animals and poultry products exclusively for use by him and members of his household and his nonpaying guests and employees, shall be exempt from the provisions of this article. Any other operations of an unlicensed, unapproved slaughterhouse and/or processing facility to escape the provisions of this article shall be unlawful, and any person found guilty of such violation shall be punished as provided in Section 75-33-37. The provisions of this article shall not apply to poultry producers with respect to poultry of their own raising on their own farms on the same basis as now provided in the United States Wholesome Poultry Products Act and regulations thereunder, and such exemptions shall be consistent with said act and regulations. However, the adulteration and misbranding provisions of said act, other than the requirement of the inspection legend, shall apply to articles which are exempt from inspection by said act and regulations.

Miss. Code Ann. § 75-33-5 Public meetings; rules and regulations; records; amendments to regulations.

The commissioner may adopt, amend or repeal rules and regulations for the administration and enforcement of this article. The commissioner shall not promulgate any rules and regulations which are inconsistent with the rules and regulations of the U.S. Department of Agriculture governing the businesses covered by this article. Every licensee shall be furnished a copy of such rules and regulations when a license is issued. The commissioner shall prescribe and supply the forms to be used to comply with this article.

Miss. Code Ann. § 75-33-7 Licenses; fees; applications; issuance; posting; agreements with federal authorities as to poultry inspection.

It shall be the duty of every person operating an establishment as defined in Section 75-33-3, except retail dealers, restaurants or eating places and establishments operating under the U.S. Department of Agriculture system of inspection, to apply to the commissioner for a license to operate such establishment before July 1, 1960, and annually thereafter before July of each succeeding year, and pay to the commissioner at the time said application for registration and license is filed, a fee of ten dollars ($10.00) for each establishment operated, and a like fee of ten dollars ($10.00) for the renewal thereof. The fees for the issuance of the license and the renewals thereof, together with such other fees and charges authorized by this article, shall be kept by the commissioner in a separate fund to be used to defray the expenses of the enforcement of this article. A strict accounting shall be made of all funds received and disbursed. The application for a license shall be made on a form to be supplied by the commissioner, and shall show the location of each establishment and the name and address of the owner, and the name and address of the lessor or lessee. The application shall have attached thereto the affidavit of the person applying for the license that the facts set forth are true and correct. Upon approval of application for license and payment of license fee, and upon approval of sanitary conditions in the establishment, and every place used in connection therewith, the commissioner shall issue to each applicant a license which shall expire on June 30 of each year, and which shall authorize the operation of said establishment for the fiscal year, or portion thereof, for which a license is issued. Such license shall be posted in a conspicuous place in or at the place of business of such licensee, and exposed for inspection by any person or persons who may be properly authorized to make such examination. From and after the first day of July 1960, it shall be unlawful for any person to operate an establishment unless said establishment is duly licensed and inspected in accordance with the provisions of this article. The commissioner of agriculture and commerce shall develop and administer a poultry inspection program which shall require mandatory poultry product inspection that imposes antemortem and postmortem inspection, reinspection and sanitation requirements that are at least equal to those under the federal Poultry Products Inspection Act of 1968 [21 USCS §§ 451 et seq.], and the regulations thereunder with respect to all or certain classes of persons engaged in slaughtering poultry or processing poultry products for use as human food solely for distribution with this state. Any existing provision of law in regard to fees, mandatory requirements, other options, or inspection administration in conflict herewith, shall not affect the foregoing mandatory inspection provision. Provided, further, that the commissioner of agriculture and commerce shall be authorized to enter into a cooperative agreement with the U.S. Department of Agriculture for compliance with the Poultry Products Inspection Act of 1968 and amendments thereto [21 USCS §§ 451 et seq.], for the purpose of financing and enforcing a mandatory antemortem and postmortem inspection, reinspection and sanitation requirements that are at least equal to those under the within cited federal act with respect to all or certain persons engaged in slaughtering poultry or processing poultry products in this state for use as human food solely for distribution within this state. The commissioner is further empowered to make inspection of other poultry slaughtering and processing facilities when he deems same necessary to the proper sanitation and distribution of such products solely within this state.

Miss. Code Ann. § 75-33-9 Requirements as to buildings.

The buildings used in connection with any establishment shall be of sound construction and kept in good repair and shall be of such construction as to prevent the entrance or harboring of vermin. Floors, side walls and ceilings shall be constructed of impervious material and so constructed that they can be readily kept clean. Floors shall slope so all waste water will flow to a floor drain. Floor drains shall be equipped with strainers and traps. All rooms shall be provided with abundant light, both natural and artificial, and shall be ventilated to eliminate objectionable odors and moisture condensation. In abattoirs where poultry is processed, the eviscerating, cutting and packaging operation must be separated from the killing, scalding and dressing operations either by the use of separate rooms or by a thorough and complete cleanup prior to the eviscerating, cutting and packaging operations. Provided, however, any existing buildings now being used in the operation of any establishment covered by this article, which do not meet the requirements set out herein, shall be rigidly inspected and diligently cleaned in an effort to provide a maximum of sanitary conditions and to insure sanitary meat, meat-food products and poultry. The commissioner shall endeavor to improve the quality of all existing buildings until they have been made to conform to the full requirements of this article, but he shall not close down any establishment for the failure for such existing facilities to meet the requirements outlined above. Provided, however, any alteration, remodeling or additions to any existing facility shall meet the requirements specified by this article and no such new buildings, establishments, and/or repairs, remodeling and/or alterations shall be made until after the commissioner has approved the same and is satisfied that such new construction or such changes in existing facilities do comply with the provisions of this article.

Miss. Code Ann. § 75-33-11 Employees.

The commissioner is hereby authorized and empowered to designate or assign any employee of the department of agriculture and commerce to perform and carry out the provisions of this article. Also, he is authorized to employ such other personnel as he may consider necessary to assist him in promulgating the rules and regulations authorized hereunder and employ such other personnel as he may consider necessary to assist him in promulgating the rules and regulations authorized hereunder and employ such inspectors as he may consider necessary for the faithful administration and enforcement of this article and the rules and regulations promulgated hereunder. The commissioner shall endeavor to appoint, designate and employ persons qualified in the respective job assignments for the enforcement of this article. Any employee may be dismissed at any time for failure to perform the duties required of him.

Miss. Code Ann. § 75-33-13 Employees; qualifications of agents.

Each employee assigned to serve as agent under this article shall have knowledge of the diseases of meat-producing animals, and shall be versed in the conditions that affect the wholesomeness of animal-food products. An appropriate standard of fitness for such agents shall be maintained by the commissioner.

Miss. Code Ann. § 75-33-15 Employees; authority to enter and examine establishment.

Any duly authorized agent or employee of the commissioner may at any time enter any establishment and examine the same, to ascertain whether the provisions of this article are being observed.

Miss. Code Ann. § 75-33-17 Unlawful to prevent entrance and examination of establishment.

It is unlawful to hinder, impede, or prevent any duly authorized agent or employee of the department from entering any establishment in the performance of his duty, or from making any examination duly ordered in enforcing this article.

Miss. Code Ann. § 75-33-19 Designation of animal, meat or meat-products found to be fit for food.

Any agent authorized under this article to examine, may, under the rules and regulations prescribed by the commissioner, mark, stamp, or otherwise designate, any animal or meat or meat-food product found on examination to be wholesome and fit for food.

Miss. Code Ann. § 75-33-21 Animal, meat or meat-products found unwholesome.

If, upon examination of any establishment, any diseased animal, or any unwholesome meat, or any unwholesome meat-food product is found, such animal or meat or product shall be condemned, properly marked or designated, and treated in such a way it cannot thereafter be used for food.

Miss. Code Ann. § 75-33-23 Unsanitary establishment or equipment; reports; notice; suspension or revocation of license on failure to remedy; appeals.

If, upon examination, it is found that any establishment, or any part of an establishment, or any equipment, is in an unclean or unsanitary condition or is being conducted or used in such a manner as to make it probable that the meat or meat-food products therein or produced therein may be rendered unwholesome, or is being conducted or used in violation of this article, the agent making such examination shall report the unlawful condition to the commissioner, and shall at the same time notify in writing, the owner, lessee, or manager of the establishment. Upon receipt of such report, the commissioner shall notify the proper owner, lessee, or manager of the result of the examination, and direct that the unlawful condition be remedied within the time specified in the notice: Provided, that the time so specified shall not be less than five (5) days, unless the unlawful condition mentioned in said notice is of such character and nature as, in the opinion of the commissioner, can be removed immediately, or its continued existence shall be a hazard and a danger to the health of the community. If, upon the expiration of the time specified in the notice, the condition so reported to exist shall not have remedied, the commissioner may order the license suspended or revoked and the establishment closed. It is unlawful to operate an establishment, or any part thereof, which has been closed and the license suspended or revoked by the commissioner, until the unlawful condition reported to exist has been remedied to the satisfaction of the commissioner. Any person aggrieved with the order of the commissioner, or any of his lawful and duly authorized agents, shall have immediate recourse by any appeal to the chancery court of the jurisdiction in which the establishment may be located. The chancery court shall have and it is hereby given full jurisdiction to hear and determine the appeal and enter any and all appropriate orders in term time or in vacation.

Miss. Code Ann. § 75-33-25 Unlawful acts or omissions by agent or meat-hygiene agent.

It is unlawful for any agent of the commissioner, or any meat-hygiene agent: 1. To approve or pass any diseased animal intended to be slaughtered for food, or any unwholesome meat, or any unwholesome meat-food product; 2. To fail to condemn and mark, and cause to be rendered unfit for food, any diseased animal, unwholesome meat, or unwholesome meat-food product, found on examination of any establishment to be unfit for food; 3. To fail to report as required any violation of this article; 4. Directly or indirectly to accept or agree to accept anything of value, monetary or otherwise, given or offered to such agent to influence him in the discharge of his duties.

Miss. Code Ann. § 75-33-27 Gifts, etc., to agents or employees prohibited, when.

It is unlawful to give or offer to give, directly or indirectly, to an agent or employee of the commissioner, or to an approved agent, anything of value, monetary or otherwise, with intent to influence such agent or employee in the discharge of his duties under the provisions of this article.

Miss. Code Ann. § 75-33-29 Acts constituting violations.

It shall be unlawful and a violation of this article for any person, without specific authority in writing from the commissioner: To make or duplicate or reproduce or use or possess any stamp, mark, tag, certificate, or emblem in imitation of an official state stamp, mark, tag, certificate, or emblem that is used, or that is authorized to be used, by the commissioner for stamping, marking, or otherwise identifying meats, meat-food products and poultry, as having been inspected and passed or otherwise approved as being wholesome and fit for food. To affix or attach any stamp, brand, emblem, tag, or other marking to any meat, meat-food product or poultry, or to any container or wrapping or covering of any meat-product, meat or poultry, indicating or suggesting that the meat, meat-food product or poultry, was slaughtered, manufactured, or prepared under inspection, unless the stamp, brand, emblem, tag, or other marking shall have been previously approved and the use thereof authorized by the commissioner.

Miss. Code Ann. § 75-33-31 Grading and inspection services; establishment of grades and quality; minimum standards.

Any person engaged in any of the businesses covered by this article may obtain from the commissioner a grading service and/or inspection service of the products of his business and the commissioner is hereby authorized and directed to provide such service to any person applying for same. The commissioner is authorized to establish grades and quality of the carcasses, or the parts thereof, of cattle, sheep, goats, other ruminants, rabbits and poultry, but each such grade or quality shall meet the minimum standards for the like grade or quality as required by the United States Department of Agriculture. However, the commissioner may, in his discretion, establish a grade of lower quality or designation than is now recognized by the United States Department of Agriculture, but such grade and quality so established and designated shall be clearly marked and with such identification as to avoid any confusion with grades or qualities as designated by the U. S. Department of Agriculture. However, no grade or quality shall be established or designated which will permit the sale of any meat, meat-food products or poultry unfit for human consumption.

Miss. Code Ann. § 75-33-33 Additional inspections and grading service; agreements; federal financial assistance; inspection of plants not federally inspected; training of inspectors; reimbursement of state for inspection services by certain plants.

Any person desiring inspection service over and above the inspection service normally provided by the commissioner for sanitary purposes, and any person desiring a grading service as authorized by this article, shall pay the commissioner for such services. The person requesting such services shall pay the commissioner a sum sufficient to cover the salary or wages of the inspector, or the grader, plus necessary travel and other authorized expenses, and a reasonable sum for administration expenses. All expenses to be paid hereunder shall be that sum agreed upon with the commissioner. The commissioner is hereby authorized and empowered to recognize and accept any bona fide agreements and arrangements now in existence, or that may hereafter be made, between any person carrying on any business covered by this article and the proper officials of any county and/or municipality wherein local inspection service is to be provided by the county or the municipality as a condition or covenant to the establishing or operating of such business. The commissioner may, in his discretion, enter into an agreement with the appropriate agency of the United States Department of Agriculture to receive financial assistance therefrom in helping carry out the purpose of this article, and to pay a reasonable state-matching contribution as may be required. The commissioner shall inspect for wholesomeness all plants in operation which are not under federal inspection. Except as otherwise provided herein, the state shall pay the full costs for such inspection after September 1, 1968. After July 1, 2001, the state shall pay the full costs for such inspection services of quail and rabbit processing plants. Provided that so long as funds are available which have been appropriated by the Legislature for product inspection, the commissioner may employ and train inspection personnel and assign such personnel to plants for inspection for wholesomeness. No state funds shall be used for payment of overtime or for grading. Except as otherwise provided herein for inspection services of quail and rabbits, plant management shall reimburse the Mississippi Department of Agriculture and Commerce for inspection services of ratites and other exotic animals that are not regulated by mandate under the Federal Meat Inspection Act or the Federal Poultry Products Inspection Act. Plants requesting such services must make application for voluntary inspection services and obtain an establishment “V” number.

Miss. Code Ann. § 75-33-35 Advertising by person receiving grading and inspection services.

Any person desiring and obtaining the grading and inspection service as provided in the preceding sections, is hereby authorized to use such grades and designations of quality in advertising his products and displaying such products for sale.

Miss. Code Ann. § 75-33-37 Penalties.

Any person who violates the provisions of this article shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than one (1) year, or both; however, if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in Section 4(g)(8) of the U. S. Poultry Inspection Act as amended), such person shall be fined not more than ten thousand dollars ($10,000.00) or imprisoned not more than three (3) years, or both. When construing or enforcing the provisions of said sections the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as of such person. No carrier for hire shall be subject to the penalties of this article, other than the penalties for violation of Section 11 of the U. S. Poultry Inspection Act as amended, by reason of his receipt, carriage, holding, or delivery, in the usual course of business, as a carrier, of poultry or poultry products, owned by another person unless the carrier has knowledge, or is in possession of facts which would cause a reasonable person to believe that such poultry or poultry products were not inspected or marked in accordance with the provisions of this article or were otherwise not eligible for transportation under this article or unless the carrier refuses to furnish on request of a representative of the commissioner of agriculture and commerce, the name and address of the person from whom he received such poultry or poultry products, and copies of all documents, if any there be, pertaining to the delivery of the poultry or poultry products to such carrier. Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this article shall be fined not more than five thousand dollars ($5,000.00) or imprisoned not more than three (3) years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than ten thousand dollars ($10,000.00) or imprisoned not more than ten (10) years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this article shall be punished as provided by the general laws of this state.

Miss. Code Ann. § 75-33-39 Powers of commissioner regarding exotic animals.

The commissioner has the same right of examination, inspection, condemnation and detention of live exotic animals and carcasses, parts of carcasses, meat and meat-food products of exotic animals slaughtered and prepared for shipment in interstate commerce as the commissioner has with respect to exotic animals slaughtered and prepared for shipment in intrastate commerce. The commissioner has the same right of inspection of establishments in handling exotic animals slaughtered and prepared for shipment in interstate commerce as the commissioner has with respect to establishments handling exotic animals slaughtered and prepared for intrastate commerce. The record-keeping requirements of Section 75-33-5 that apply to persons slaughtering, preparing, buying, selling, transporting, storing or rendering in intrastate commerce apply to persons performing similar functions with exotic animals in interstate commerce. The rule-making power of the commissioner relating to animals in intrastate commerce applies to exotic animals in interstate commerce.

Miss. Code Ann. § 75-33-101 Repealed.

Repealed by Laws, 1997, ch. 312, § 1 eff from and after July 1, 1997. § 75-33-101 . [Codes, 1942, § 4575-31; Laws, 1964, ch. 440, § 1] § 75-33-103 . [Codes, 1942, § 4575-32; Laws, 1964, ch. 440, § 2] § 75-33-105 . [Codes, 1942, § 4575-33; Laws, 1964, ch. 440, § 3] § 75-33-107 . [Codes, 1942, § 4575-34; Laws, 1964, ch. 440, § 4] § 75-33-109 . [Codes, 1942, § 4575-35; Laws, 1964, ch. 440, § 5] § 75-33-111 . [Codes, 1942, §§ 4575-36, 4575-37; Laws, 1964, ch. 440, §§ 6, 7] Editor’s Notes — Former § 75-33-101 related to labeling of imported meats required. Former § 75-33-103 related to display of sign in lieu label. Former § 75-33-105 related to origin of meat to be included in bids to tax-supported institutions; rejection of foreign meats authorized. Former § 75-33-107 related to regulation and enforcement by board of health and agriculture department. Former § 75-33-109 related to the construction of this article. Former § 75-33-111 related to penalties for failure to comply with the provisions of this article.