MCA Chapter 1

in effect

Miss. Code Ann. § 69-1-1 Department of Agriculture and Commerce created.

A Department of Agriculture and Commerce is created and established under the management and control of a public officer to be known as the Commissioner of Agriculture and Commerce, who shall have competent knowledge of agriculture, mining, manufacturing, statistics and general industries, must be an experienced and practical agriculturist; must be a resident of the state for five (5) years immediately preceding the day of election; and shall be elected by the people at the time and in the manner that other state officers are elected. The residency requirements specified under this section shall apply to elections held from and after January 1, 2020.

Miss. Code Ann. § 69-1-3 Term of office of commissioner.

The term of office of the Commissioner of Agriculture and Commerce shall be four years, and any vacancy occurring shall be filled by appointment by the Governor as provided by law.

Miss. Code Ann. § 69-1-5 Oath and bond of commissioner.

The commissioner, before entering upon the duties of the office, must take and subscribe the oath of office prescribed by the constitution, and must enter into bond payable to the State of Mississippi, in the sum of five thousand dollars with a guaranty company, the expense of such bond being paid by the state. The bond must be approved by the Attorney General and when approved shall, together with the oath of office, be filed in the office of the secretary of state.

Miss. Code Ann. § 69-1-7 Place of office.

The Commissioner of Agriculture and Commerce must keep his office in the city of Jackson.

Miss. Code Ann. § 69-1-9 Appointment of clerk; oath and term of office.

The Commissioner of Agriculture and Commerce must appoint a clerk, who must take the oath of office to discharge faithfully all the duties, which are or may be required of him by law. The clerk shall hold office during the term of the commissioner by whom he is appointed, and until the appointment and qualification of his successor, unless sooner removed.

Miss. Code Ann. § 69-1-11 Duties and salary of clerk.

The clerk must discharge such duties as may be prescribed by the Commissioner of Agriculture and Commerce. The expense necessarily incurred by the clerk in traveling on business of the department, under direction of the commissioner, must be paid for and charged against the department.

Miss. Code Ann. § 69-1-13 Duties of commissioner.

The following are the duties of the Commissioner of Agriculture and Commerce: He shall encourage the proper development of agriculture, horticulture and kindred industries. He shall encourage the organization of neighborhood and county agricultural clubs and associations, and out of these the organization of the state agricultural association. He shall collect and publish statistics and such other information regarding such industries of this state and of other states as may be of benefit in developing the agricultural resources of the state. To this end he shall put himself in connection and shall cooperate with the agricultural department of other states and with the Commissioner of Agriculture of the United States, and shall provide for the proper and careful distribution of all documents and information coming into his possession on account of the department that may be of interest and benefit to the people of the state. He shall cause to be investigated the diseases of grain, cotton, fruit and other crops grown in this state and also remedies for such diseases, and also the habits and propagation of the various insects that are injurious to the crops of the state and the proper mode of their destruction. He shall investigate the subject of grasses and report upon their value and the cultivation of the varieties best adapted to the different sections of the state. He shall inquire into the subjects connected with dairying that he may deem of interest to the people of the state, and in this connection the raising of stock and poultry, the obtaining of such as are of most value, and the breeding and propagation of the same; and shall encourage raising of fish and the culture of bees. He shall investigate the subjects of subsoiling, drainage, etc., and the best modes of effecting each, and of irrigation and what portions of the state can be best benefited thereby. He shall investigate and report upon the culture of wool and the utility and profit of sheep-raising, also the culture of silk and its manufacture and preparation for market. He shall investigate and report on the question of broadening the market for cotton and cotton goods in the United States and foreign countries. He shall cause a proper collection of agricultural statistics to be made annually, and to this end shall furnish blank forms to the tax assessors of each county, and it is made the special duty of the tax assessor to whom said blanks are furnished to report to the bureau a list of all public or private ginners in his county, with their post offices, upon the demand of the commissioner. It shall be the duty of the commissioner to furnish to such ginner a form or forms of report to be made to the bureau at such time as the commissioner may direct. A failure to make such reports on the part of the ginner or assessor as required by said commissioner shall be deemed a misdemeanor, and, upon conviction, punished as provided by law. It shall be the duty of the members of the boards of supervisors and the county tax assessor of each county in this state to make such reports as may be required by this bureau touching the matter within the scope of this chapter; and failure of any supervisor or tax assessor to make such report when required shall be deemed a misdemeanor and shall be punished as provided by law. He shall appoint county correspondents who shall report to him from time to time, as may be desired. He shall collect specimens of wood suitable for manufacture and other purposes, and specimens of agricultural, mineral, phosphate and marl deposits of the state; cause correct analysis of such as may be deemed expedient to be made and recorded in a substantial book to be kept for this purpose. He shall also, as soon as practicable, prepare a convenient handbook with necessary illustrated maps, which shall contain all necessary information as to the mines, mineral, forest, soil, and other products, climate, water, waterpower for the establishing of factories, land, flowers, fisheries, mountains, streams, and all other statistics as are best adapted to the giving of proper information and the attraction of advantages which the state affords to immigrants, and shall make illustrated expositions thereof whenever practicable at international and state expositions. He shall have the primary responsibility for developing programs that will enhance the marketing of the state’s agricultural products to both national and international markets.

Miss. Code Ann. § 69-1-14 Employment of counsel by commissioner; compensation and expenses.

The Commissioner of Agriculture and Commerce is hereby authorized and empowered to employ an attorney to represent the department of agriculture and commerce and to fix his compensation subject to the approval of the state personnel board. Said attorney shall be a full-time employee of the department of agriculture and commerce and shall be furnished such office space and clerical assistance as shall be necessary. In addition to his duties with the department of agriculture and commerce, said attorney shall represent the board of animal health, the Mississippi State Fair Commission and the Mississippi Central Market Board. The salary and expenses of said attorney shall be paid from any funds available to the department of agriculture and commerce, the board of animal health, the Mississippi Fair Commission and the Mississippi Central Market Board in a ratio commensurate with the services provided by said attorney to each of the said agencies. The Department of Agriculture and Commerce, the board of animal health, the Mississippi Fair Commission and the Mississippi Central Market Board are hereby authorized and empowered to expend such sums from any funds available for the purposes of paying the salary and expenses of the attorney provided for in subsection (1).

Miss. Code Ann. § 69-1-15 Commissioner to make report.

The Commissioner of Agriculture and Commerce shall make and submit to the Governor on or before the 10th day of January each year a report showing all the expenditures of the bureau for the preceding year and shall make a full and comprehensive report of the scope of the work and expenditures of the bureau to each session of the Legislature within ten days of the convening thereof.

Miss. Code Ann. § 69-1-17 State institutions to aid in furnishing data; free transportation.

In order to facilitate the collection and collation of the accurate information of the resources of the state along all lines, the heads of the several departments of the state government and of the state institutions are hereby required to furnish accurately such information as may be at their command to the Commissioner of Agriculture and Commerce when called upon for same; and the commissioner is hereby empowered to enter manufacturing establishments chartered by the state, in prosecution of this work, and the corporations operating the same shall furnish such information as may not be injurious to their business, when requested to furnish same by the commissioner. The commissioner and his clerks shall have the right to accept and use free transportation over steamships, steamboat and railway lines.

Miss. Code Ann. § 69-1-18 Definitions; authority of commissioner to promulgate rules and regulations and to conduct sanitation inspections in retail food stores; licensing; penalties.

The following words and phrases shall have the meanings ascribed herein unless the context clearly requires otherwise: “Potentially hazardous food” means a food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting: the growth of infectious or toxigenic microorganisms; the growth and toxin production of Clostridium botulinum; or in raw shell eggs, the growth of salmonella enteritis. “Potentially hazardous food” includes an animal food (of animal origin) that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; and cut melons. “Micro market” means an unattended, self-checkout retail establishment that utilizes an automated payment system; is located in the interior of a building that is generally not accessible by the general public, with limited access and use to a defined population; and Offers for sale only commercially, tamper-evident packaged food and beverages properly labeled for individual retail sale and acquired from a source approved by the United States Food and Drug Administration or an appropriate state government agency; whole, uncut, raw fruits and vegetables; such other food and beverages as may be authorized in the Food Code, as adopted by the Department of Agriculture and Commerce; and any other food and beverages not otherwise subject to any required on-site inspection; Has no on-site food preparation except for the heating or reheating of food in a microwave oven; May utilize beverage dispensers which provide individual servings; and May utilize refrigeration and freezer units. “Vending Machine” means a self-service machine that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses servings of food in bulk or in packages, or prepared by the machine, without the necessity of replenishing the machine between each vending operation. “Retail food establishment” means any establishment where food and food products are offered for sale to the ultimate consumer and intended for off-premise consumption. Such food or food products may be exposed to varying degrees of preparation and may often need further preparation or processing after it has been purchased. A retail food establishment does not include: An establishment that offers only prepackaged foods that are not potentially hazardous; A produce stand that only offers whole, uncut fresh fruits and vegetables; A food processing plant; A food establishment as defined by the Mississippi State Department of Health; A micro market; and A vending machine. The commissioner and his agents shall have the authority: To promulgate rules and regulations establishing certain sanitation requirements for retail food establishments; To conduct sanitation inspections in retail food establishments; and To publish the names and addresses of violators and such information pertaining to violation(s) of this section as he deems appropriate. Each retail food establishment, before engaging in business, shall obtain a license from the commissioner. Owners of more than one (1) retail food establishment must obtain a license for each establishment. A license fee of Ten Dollars ($10.00) must be paid to the department before a license will be issued. Application for such license shall be made on forms prescribed and furnished by the commissioner. Licenses issued under this subsection by the commissioner shall expire on June 30 each year and application for renewals thereof shall be made annually before the expiration date. Licenses shall not be transferable and application must be made for a new license if there is any change in location or ownership of the business. Any person who violates any provision of this law or the regulations adopted hereunder shall be guilty of a misdemeanor, and, upon conviction, shall be punished by the imposition of a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term not to exceed six (6) months, or both. The commissioner may impose administrative penalties for violation of this section. Any person found by the commissioner to be in violation of this section may be assessed a penalty in an amount of not more than Five Hundred Dollars ($500.00) and subsequent violations within a six-month period at a penalty of not more than One Thousand Dollars ($1,000.00). In addition to, or in lieu of, such penalties the commissioner may suspend or revoke the permit issued to such person under terms of this section. When any violation of this section or the rules and regulations promulgated hereunder occurs, or is about to occur, that presents a clear and present danger to the public health, safety or welfare requiring immediate action, the commissioner or any of the department’s field inspectors, or any other persons authorized by the commissioner, may issue an order to be effective immediately before notice and a hearing, that imposes any or all of the following penalties against the accused: (a) a stop sale order on any product in violation of this section; (b) an order to seize any product that is not in compliance with this section and require it to be denatured or destroyed under the supervision of the department’s inspectors; or (c) an order that the retail food establishment or any department within such establishment cease operations until it is in compliance with this section. The order shall be served upon the accused in accordance with Rule 4 of the Mississippi Rules of Civil Procedure or certified mail or it may be served by giving a copy of the order to the manager of the retail food establishment or, where no manager is present, an employee of the establishment. The accused shall then have twenty (20) days after service of the order upon him within which to request an informal administrative review before the Director of the Bureau of Regulatory Services in the department, or the director’s designee, who shall act as reviewing officer. If the accused makes such a request within such time, the reviewing officer shall provide an informal administrative review to the accused within ten (10) days after such request is made. If the accused does not request an informal administrative review within twenty (20) days, then he shall have waived his right to such review. At the informal administrative review, there shall be no court reporter or record made of the proceedings. Each party may present its case in the form of documents, oral statements or any other method. The rules of evidence shall not apply. The reviewing officer’s decisions shall be in writing, and it shall be delivered by certified mail. If the accused is aggrieved by the order of the hearing officer, he may appeal to the commissioner for a full evidentiary hearing. Such appeal shall be perfected by filing a notice of appeal with the commissioner within thirty (30) days after the order of the reviewing officer is served on the appealing party. The hearing before the commissioner or his designee shall be held within a reasonable time after the appeal has been perfected. Failure to perfect an appeal within the allotted time shall be deemed a waiver of such right.

Miss. Code Ann. § 69-1-19 Commissioner to establish grades and standards of farm products.

The Commissioner of Agriculture and Commerce is hereby authorized to establish grades and standards from time to time for farm products grown or produced in this state, provided that any grade or standard on any farm product which may be established by the United States Department of Agriculture under authority of congress shall also be established by the commissioner of agriculture and commerce as the standard for this state. The Commissioner of Agriculture and Commerce may also establish standard sizes for boxes, or containers, used in the handling of fruits and vegetables in this state, provided such standards established by the commissioner shall conform with the federal standard container act of congress. The commissioner may also establish the standard weight of each box or container when filled with fruits or vegetables.

Miss. Code Ann. § 69-1-21 Certifying grade and condition of farm products.

The Commissioner of Agriculture and Commerce is hereby authorized to investigate and certify to shippers and other financially interested parties, the grade, quality or condition of farm products in accordance with the standard established by him. The certificates issued by the commissioner pursuant to this chapter shall be received in all counties of this state as prima facie evidence of the truth of statements contained therein. For this service the commissioner may charge reasonable fees designed to cover the cost of these services. All fees collected under the provisions of this section shall be deposited in the general fund of the state treasury.

Miss. Code Ann. § 69-1-23 Inspection of grain crops; definitions; licensing of inspectors; grading samples.

The Mississippi Department of Agriculture and Commerce is hereby designated as the official inspection agency within the State of Mississippi, or for a company domiciled in the State of Mississippi, to certify to producers, shippers, and other financially interested parties the grade, quality, or condition of grain crops. Grain crops for the purpose of this chapter shall be those crops for which standards have been established under the United States Grain Standards Act; namely, wheat, oats, corn, barley, rye, flaxseed, soybeans, grain sorghum, and mixed grains and other crops for which standards may hereafter be established. The Mississippi Department of Agriculture and Commerce shall have the sole authority to recommend to the U. S. Department of Agriculture the licensing of inspectors for the purpose of carrying out the inspection, grading and certification of grain inspection under the United States Department of Agriculture Grain Standards Act, except that those persons already licensed as of this date under any other authority may continue to operate in their respective designated areas. The Commissioner of Agriculture and Commerce shall adopt rules and regulations to provide that any grain producer, submitting grain for sale at any elevator in the state, shall be entitled to have that grain graded by an official inspector. The grain producer shall be responsible for and shall pay the cost of grading such sample.

Miss. Code Ann. § 69-1-25 Commissioner, Governor and Attorney General to enforce regulations as to products coming in.

The State Commissioner of Agriculture and Commerce, the Governor and the Attorney General of the State of Mississippi, are hereby authorized and empowered, in their discretion, to protect the welfare of the people of the State of Mississippi by guaranteeing that seeds, feeds, fertilizers, bulbs, vegetables, or any and all other product of farm, grove, forest, garden and minerals, including but not limited to coal and lime, coming into the State of Mississippi meet the proper standards, in accordance with the laws of the State of Mississippi and rules and regulations drawn by the State Commissioner of Agriculture and Commerce, with the approval of the Attorney General, governing the labeling as to net weight, source of origin, purity, and grade thereof. In the case of coal or lime, the State Commissioner of Agriculture and Commerce, with the approval of the Attorney General, may promulgate rules and regulations setting up a form or forms to be used in guaranteeing the net weight at the point of delivery, to be weighed on approved scales in the presence of the purchaser. Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not exceeding Five Hundred Dollars ($500.00) or imprisonment in the county jail not exceeding six months, or both, and each sale of any such goods or products without meeting the requirements of this section shall constitute a separate offense.

Miss. Code Ann. § 69-1-27 Commissioner to co-operate with U. S. Department.

The Commissioner of Agriculture and Commerce is hereby authorized to co-operate with the secretary of the United States Department of Agriculture or any of his authorized agents or representatives in carrying out the purpose of this chapter.

Miss. Code Ann. § 69-1-28 State regulations governing free-range poultry shall be no more stringent than federal regulations on free-range chickens.

Any regulations or best management practices adopted by the Commissioner of Agriculture regulating free-range poultry only shall be no more stringent or extensive in scope, coverage, or effect than federal regulations and best management practices. For purposes of this section, “free-range poultry” means poultry having free access to the outdoors through their normal growing cycle.

Miss. Code Ann. § 69-1-29 Inspection of seed and fertilizer furnished by the federal government.

The Commissioner of Agriculture and Commerce of the State of Mississippi, is authorized and empowered to enter into an agreement and execute any contract pursuant thereto, with the secretary of agriculture of the United States for the purpose of, and providing for, inspection, by the Commissioner of Agriculture and Commerce of the State of Mississippi, of superphosphate, liming materials and seed furnished to producers by the department of agriculture of the United States as grants-in-aid to producers under its soil conservation program.

Miss. Code Ann. § 69-1-30 Security guards for Jim Buck Ross Mississippi Agriculture and Forestry Museum.

The Department of Agriculture and Commerce is hereby authorized to employ or to contract with private security agencies to provide security for the Jim Buck Ross Mississippi Agriculture and Forestry Museum. The jurisdiction of the security guards shall be limited to the museum property and shall not supplant the authority or jurisdiction of any state or local law enforcement officer.

Miss. Code Ann. § 69-1-31 Repealed.

Repealed by Laws of 1989, ch. 544, § 161, eff from and after July 1, 1989. [Codes, 1906, § 1622; Hemingway’s 1917, § 3403; 1930, § 3599; 1942, § 4415; Laws, 1958, ch. 148, § 1]

Miss. Code Ann. § 69-1-32 “Jim Buck Ross Mississippi Agriculture and Forestry Museum” designated.

The Mississippi Agriculture and Forestry Museum shall be renamed and known as the Jim Buck Ross Mississippi Agriculture and Forestry Museum. The Department of Agriculture and Commerce shall have an appropriate sign or signs placed at the museum displaying the new name of the museum.

Miss. Code Ann. § 69-1-33 Repealed.

Repealed by Laws of 1989, ch. 544, § 161, eff from and after July 1, 1989. § 69-1-33 . [Codes, 1942, § 4428; Laws, 1942, ch. 255; Laws, 1944, ch. 243, § 1; Laws, 1948, ch. 192, § 1; Laws, 1958, ch. 148, § 2; Laws, 1981, ch. 322, § 1] § 69-1-35 . [Codes, 1942, § 4430; Laws, 1942, ch. 255; Laws, 1958, ch. 148, § 3; Laws, 1971, ch. 343, § 1; Laws, 1978, ch. 364; Laws, 1980, ch. 319] § 69-1-37 . [Codes, 1942, § 4431; Laws, 1942, ch. 255, § 4; Laws, 1944, ch. 243, § 2; Laws, 1948, ch. 360, § 1; Laws, 1958, ch. 148, § 4] § 69-1-39 . [Codes, 1942, § 4433; Laws, 1942, ch. 255; Laws, 1958, ch. 148, § 5] Editor’s Notes — Former § 69-1-33 authorized the commissioner of agriculture and commerce to establish lime crushing plants. Former § 69-1-35 authorized the department of agriculture and commerce to buy limestone deposits. Former § 69-1-37 related to stations, buildings and other facilities for crushing limestone. Former § 69-1-39 provided that crushed limestone was to be sold at cost.

Miss. Code Ann. § 69-1-40 Warehouses for storage of lime.

The Commissioner of Agriculture and Commerce is hereby authorized at his discretion, and when the funds are available to construct or lease, operate and maintain warehouses to be utilized as a storage place for lime to be used for agricultural purposes. Said warehouses shall be located in the area of the state commonly referred to as the “Mississippi Delta.” The Commissioner of Agriculture and Commerce is further authorized and directed to operate said lime warehouses in such a way as to provide adequate amounts of lime needed for agricultural purposes.

Miss. Code Ann. § 69-1-41 and 69-1-43. Repealed.

Repealed by Laws of 1989, ch. 544, § 161, eff from and after July 1, 1989. § 69-1-41 . [Codes, 1942, § 4434; Laws, 1942, ch. 255, § 7; Laws, 1944, ch. 243, § 3; Laws, 1948, ch. 360, § 2; Laws, 1958, ch. 148, § 6; Laws, 1966, ch. 222, § 1; Laws, 1970, ch. 256, § 1] § 69-1-43 . [Codes, 1906, § 1630; Hemingway’s 1917, § 3411; 1930, § 3605; 1942, §§ 4421, 4435; Laws, 1942, ch. 255; Laws, 1958, ch. 148, § 7] Editor’s Notes — Former § 69-1-41 provided methods for use of funds collected from the sale of limestone. Former § 69-1-43 authorized the department of agriculture and commerce to issue rules and regulations for operation of sections within Chapter 1 of Title 69.

Miss. Code Ann. § 69-1-45 Construction and purpose of chapter.

The provisions of this chapter shall not be construed in any way to conflict with the work and scope of the Mississippi State University of Agriculture and Applied Science and the Mississippi Experiment Station. It is the purpose of this chapter to secure the co-operation by the Department of Agriculture and Commerce with the said university and experiment station in the dissemination and publicity of such useful information as may come into the possession of said departments.

Miss. Code Ann. § 69-1-47 Funding for repairs and renovations at farmers’ market.

The Mississippi Department of Agriculture and Commerce is hereby authorized and empowered, subject to the approval of the Department of Finance and Administration to borrow, from time to time, an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate for repairs and renovations at the Farmers’ Market in Jackson, Hinds County, Mississippi. The rental proceeds received by the Central Market Board shall be pledged for the payment of the principal of and interest on such loan, which shall not exceed a term of ten (10) years and shall bear an interest rate not to exceed that provided in Section 75-17-101, Mississippi Code of 1972.

Miss. Code Ann. § 69-1-48 Authorization to accept, budget, receive and expend funds for improvements to department property and for marketing and promotion programs; funding improvements to Mississippi Agriculture and Forestry Museum.

For purposes of this section, the following words shall have the meanings ascribed herein: “Department” means the Mississippi Department of Agriculture and Commerce. “Museum” means the Mississippi Agriculture and Forestry Museum. The department may accept, budget, receive and expend funds from any source for improvements to department property and for marketing and promotion programs. The department may allow a federal, state, or local governmental entity or a public, private, commercial or charitable entity to use, publish or advertise the entity’s name on department property and in its publications. Furthermore, the commissioner may lease to any public, private, commercial or charitable entity for a term not to exceed twenty (20) years naming rights for museum buildings or property, including, but not limited to, new construction, improvements to existing buildings, grounds and/or objects located on museum property in return for consideration benefitting the department. The lessee shall pay the cost of erecting, maintaining and removing signage related to the property. Any funds received from the advertising or lease of naming rights shall be retained by the department and expended for improvements to its property, and marketing and promotion programs. The department may accept, budget, receive and expend these funds in accordance with rules and regulations of the Department of Finance and Administration in the manner consistent with the escalation of federal funds. There is established in the State Treasury a special fund for the department for the monies collected under this section. Unexpended monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund. The department shall make reasonable attempts to notify the donor of any donated property or artifacts determined to be obsolete to allow such donor to retake possession of such item. If efforts to notify the donor prove unsuccessful, then the department may dispose of, auction or sell any property or artifact in the possession of the museum if the department determines that it is obsolete, no longer of value or use to the museum or unclaimed by the donor. All funds received under this section on behalf of the museum, shall be transferred into the nonbudgeted enterprise fund related to the museum. The enterprise funds shall be maintained in accordance with generally accepted accounting principles and regulations prescribed by the Department of Finance and Administration. The department may expend these funds for improvements to the museum and for marketing and promotion programs for the museum in a manner consistent with the museum’s historical purpose.

Miss. Code Ann. § 69-1-49 Studies concerning commodity exchange entity, Farm Assistance in Rural Mississippi (FARM) Program, and marketing outlets; federal assistance; reports.

The Department of Agriculture and Commerce and the Mississippi Cooperative Extension Service shall study the merits of establishing a commodity exchange entity whose purpose shall be to coordinate and enhance the marketing of Mississippi crops, poultry and livestock in national and international markets. Such entity would have the authority to consign and broker such crops, poultry and livestock. A report of the study shall be submitted on or before August 1, 1987, to the Governor, Lieutenant Governor and the Legislature. The Department of Agriculture and Commerce and the Mississippi Cooperative Extension Service shall evaluate the merits of creating a Farm Assistance in Rural Mississippi (FARM) Program, which shall have as its primary features a price enhancement program and a debt reduction assistance program for crop producers. A report on this program shall be submitted on or before September 1, 1987, to the Governor, Lieutenant Governor and the Legislature. The Department of Agriculture and Commerce shall request the Agri-Marketing Service, marketing affiliate branch of the United States Department of Agriculture to conduct a feasibility study on marketing outlets. The Department of Agriculture and Commerce shall provide the assistance necessary to accomplish the purpose of this section. A report on this study shall be submitted on or before January 1, 1988, to the Governor, Lieutenant Governor and the Legislature.

Miss. Code Ann. § 69-1-51 Repealed.

Repealed by its own terms by Laws, 1995, ch. 493, § 1, eff on July 1, 1997. [Laws, 1995, ch. 493, § 1]

Miss. Code Ann. § 69-1-53 Studies concerning the market feasibility of the sale of hybrid bream and hybrid black stripe crappie.

The Division of Agriculture, Forestry and Veterinary Medicine at Mississippi State University shall in cooperation with the Mississippi Department of Agriculture and Commerce and the Mississippi Department of Wildlife, Fisheries and Parks: (a) study the development of a test that can be used in the field for identifying differences between wild species of game fish and game fish produced in an aquacultural facility; and (b) research the culture feasibility and market potential of the sale of hybrid bream and hybrid black stripe crappie as authorized in Section 79-22-9.

Miss. Code Ann. § 69-1-55 Prohibition against misrepresentation of country of origin of shrimp and crawfish by restaurant that sells imported crawfish or shrimp; penalties for violation.

No owner or manager of a restaurant that sells imported crawfish or shrimp shall misrepresent to the public, either verbally, on a menu, or on a sign displayed on the premises, that the imported crawfish or shrimp is domestic. A restaurant may designate a shrimp or crawfish as having a United States country of origin if: The farm-raised shrimp or crawfish is hatched, raised, harvested and processed in the United States; or The wild shrimp or crawfish is harvested in the waters of the United States, a state or a territory of the United States and processed in the United States, a state or a territory of the United States. The Commissioner of Agriculture and Commerce and the Attorney General shall regulate restaurants under this section. The commissioner shall notify, in writing, any restaurant violating this section and shall give the owner or manager three (3) days to correct the violation.No penalties under this section shall apply to any owner or manager that corrects the violation within three (3) days from the date notified by the commissioner. In addition to any other civil or criminal penalties, any person who violates this section or who otherwise misrepresents imported crawfish or shrimp as domestic may be punished by a fine of not more than One Thousand Dollars ($1,000.00).For a second offense, a person may be punished by a fine of not more than Two Thousand Dollars ($2,000.00). For any subsequent violations, a person may be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by having the license for the restaurant suspended indefinitely or until the restaurant has corrected the violation, or both. Any person against whom a complaint is made or who has been made subject to a fine or license suspension as provided by this subsection may avail themselves of a due process administrative hearing as provided by Section 69-7-616.

Miss. Code Ann. § 69-1-56 Produce Safety Rule Program; cooperation with the FDA in developing and administering program; conditional repeal of section; penalty for violation of section.

The Department of Agriculture and Commerce is hereby designated as the state agency responsible for cooperating with the United States Food and Drug Administration (FDA) to enforce the provisions of 21 CFR Part 112. The department is further authorized to cooperate with the FDA in developing and administering the Produce Safety Rule Program of this state. The program requirements will be at least equal to those imposed under 21 CFR Part 112, and the program will be administered in a manner that will prevent or remediate the adulteration of raw agricultural commodities on farms. The department is authorized to enter into such other cooperative agreements as may be necessary to carry out the provisions of the Produce Safety Rule Program. The Department of Agriculture and Commerce may accept advisory assistance from the Food and Drug Administration in developing the program authorized by this section, technical and laboratory assistance and training, including necessary curriculum, instructional materials, and equipment, and financial assistance or other aid for administration of the program authorized by this section. The Department of Agriculture and Commerce shall represent the state in all communications and negotiations with the FDA regarding the implementation of this section and the provisions of the FDA Food Safety Modernization Act that fall within the department’s authority granted by this section. The commissioner is authorized to adopt rules and regulations as may be necessary to carry out the provisions of this section, including the following: Enter the premises of any covered farm for the purpose of inspecting the farm to determine if any provision of this section is being violated; Enter the premises of any covered farm for the purpose of securing samples or specimens to determine if any provision of this section is being violated; and Seize, condemn, or destroy any produce that is being grown, kept, exposed for sale, held in possession or under the control of any person on a covered farm if that produce is in violation of this section. No person shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the commissioner, an inspector of the department or any other person in the performance of his duties pursuant to this section. The provisions of this section shall remain in effect only as long as the federal funds required to implement the provisions of the FDA Food Safety Modernization Act referenced in this section are provided or upon the date of repeal of 21 CFR Part 112. Any person who violates a provision of this section or a regulation adopted pursuant to the provisions of this section may be subject to a civil penalty of not more than Five Thousand Dollars ($5,000.00) per violation. Any civil penalty imposed by ruling of the commissioner under this section shall be based upon an administrative hearing held in accordance with the provisions of Section 69-1-18.

Miss. Code Ann. § 69-1-61 Repealed.

Repealed by Laws of 2017, ch. 402, § 14, effective July 1, 2017. § 69-1-61 . [Codes, 1942, § 8946-171; Laws, 1971, ch. 463, § 1; Laws, 1988, ch. 518, § 89, eff from and after July 1, 1988.] Editor’s Notes — Former § 69-1-61 established the Council of State Agencies on Agriculture.

Miss. Code Ann. § 69-1-81 Repealed.

Repealed by Laws of 1982, ch. 388, § 9, eff from and after July 1, 1986. [En Laws, 1976, ch. 427, §§ 1-8; Am 1978, ch. 477, §§ 1-8; Laws, 1980, ch. 332, §§ 1-8; Re & Am 1982, ch. 388, §§ 1-8; Laws, 1984, ch. 488, §§ 269-271]

Miss. Code Ann. § 69-1-96 Repealed.

Repealed by Laws of 1993, ch. 316, § 4, eff from and after passage (approved March 15, 1993). § 69-1-96 . [En Laws, 1991, ch. 533, §§ 1-3] § 69-1-97 . [En Laws, 1991, ch. 533, § 2] § 69-1-98 . [En Laws, 1991, ch. 533, § 3] Editor’s Notes — Former §§ 69-1-96 , 69-1-97 , and 69-1-98 pertained to authorization, execution, fair market value, and hold harmless provisions, in connection with agreements to lease property of the former Mississippi Authority for the Control of Fire Ants.

Miss. Code Ann. § 69-1-101 Short title.

Sections 69-1-101 through 69-1-117 shall be known and cited as the “Mississippi Marketing of Agricultural Products and Industry Program Act of 1988.”

Miss. Code Ann. § 69-1-103 Creation of “Marketing of Agricultural Products and Industry Program” and “Marketing of Agricultural Products and Industry Council”; purpose.

There is hereby created within the Department of Agriculture and Commerce the Mississippi Marketing of Agricultural Products and Industry Program, to be administered by the Mississippi Marketing of Agricultural Products and Industry Council, hereinafter referred to as “the council,” for the purposes of stimulating the development of new markets for Mississippi Agricultural Products and Industry, and further encouraging the establishment, particularly in the rural areas and smaller communities of Mississippi, of industrial operations processing agricultural products to an end-usage stage, ready for sale to the markets of the nation and the world.

Miss. Code Ann. § 69-1-105 Membership of council; cooperative agreement between agencies represented on council; authority to enter into agreements and contracts; annual report; agricultural marketing director; expenses of council.

The council shall be composed of the Chairman and Vice-chairman, House of Representatives and Senate Agriculture Committees, or their designees, the Commissioner of the Department of Agriculture and Commerce, the Director of the Department of Economic Development, and the Vice-President, Division of Agriculture, Forestry and Veterinary Medicine of Mississippi State University, Alcorn State University, Divisional Director of Agriculture and Applied Sciences, who shall enter into a cooperative agreement to identify resource availability and personnel expertise in all areas directly or indirectly related to agricultural production, management and marketing as may be deemed necessary to achieve the purposes of Sections 69-1-101 through 69-1-117. The cooperative agreement between the agencies shall include, but not be limited to, provisions that Mississippi State University through the Cooperative Extension Service, the Agricultural and Forestry Experiment Station, the College of Veterinary Medicine and the Forest Products Labs shall provide technical, educational and direct marketing assistance; basic and applied research, technology transfer, dissemination of research information, interdisciplinary teams, feasibility studies and networking; the Department of Agriculture and Commerce shall be primarily responsible for market development, product promotion, regulatory functions in developing market standards, monitoring standards and establishment of quality control; public relations for Mississippi agriculture, institutional marketing and data collection; the Department of Economic Development shall be primarily responsible for agriculture business and economic development, and financial assistance value added processing. All council member agencies are hereby authorized and directed to utilize and share any and all available resources necessary to accomplish the purposes of Sections 69-1-101 through 69-1-117. In addition, the council shall be authorized to contract or enter into agreements with other agencies and/or private research centers that it may deem necessary to carry out its duties and functions. The council shall prepare and submit a comprehensive annual report to the Legislature no later than January 15 of each year. The council shall appoint an Agricultural Marketing Director, herein called director, who shall be competent and qualified in the area of marketing, agriculture or a related area and receive as compensation for services an annual salary to be established by the personnel board. The director shall be the one-point information contact on agricultural production, management and marketing issues and shall be charged with the duty of knowing the role and responsible personnel in each agency on matters related to agriculture. The director shall be directly responsible to the council for tasks assigned in the administration and implementation of programs developed by the council. The director shall be located in the Department of Agriculture and Commerce and administrative support for the director shall be the shared responsibility of the members of the council. Any expenses incurred by the council agencies in providing support for the Mississippi Marketing of Agricultural Products and Industry program shall be included pro rata in the annual budget of the respective agency.

Miss. Code Ann. § 69-1-107 Duties and responsibilities of the council.

The duties and responsibilities of the council shall be the following: To conduct national and international market research to identify trade and investment opportunities. To provide one-on-one business assistance with research, strategic planning, partner search, evaluation, negotiation and follow-up. To identify joint ventures and licensing services. To provide special assistance to Mississippi’s agricultural producers and firms engaged in the marketing of agricultural products produced in Mississippi to develop markets. To conduct market studies to identify agricultural products that can be manufactured in Mississippi from materials and resources available in or to Mississippi for which a profitable and growing market exists. To assist with layout, design, plans and specifications of plants, machinery, equipment and other facilities necessary to products in profitable volume. To advertise and solicit for production and industrial promotion purposes. To provide assistance with financial packaging by utilizing all available fund resources provided by the State of Mississippi including, but not limited to, the Small Business Investment Act, Emerging Crop Fund and the Business Financial Investment Act. To establish a Mississippi Register of Mississippi Agricultural Producers and set criteria for listing therein. To coordinate purchasing agreements between state institutions and Mississippi agricultural producers. To create, establish and organize the state into marketing districts for the most effective and efficient use of marketing resources. To provide any other assistance and services necessary to accomplish the purposes of Sections 69-1-101 through 69-1-117.

Miss. Code Ann. § 69-1-109 Rules and regulations.

The council is hereby authorized and empowered to promulgate rules and regulations required to carry out the provisions of Sections 69-1-101 through 69-1-117.

Miss. Code Ann. § 69-1-111 Authorization to accept contributions, gifts and grants; agricultural marketing fund.

The Mississippi Marketing of Agricultural Products and Industry Council is hereby authorized and empowered to accept monetary or in-kind contributions, gifts and grants for use in the marketing program. Any such monies shall be deposited in a special fund hereby established in the State Treasury to be known as the “Agricultural Marketing Fund,” to be appropriated by the Legislature for use by the Mississippi Marketing of Agricultural Products and Industry Council.

Miss. Code Ann. § 69-1-113 Repealed.

Repealed by Laws of 2017, ch. 402, § 15, effective July 1, 2017. § 69-1-113 . [Laws, 1988, ch. 591, § 7, eff from and after passage (approved May 24, 1988).] Editor’s Notes — Former § 69-1-113 established the Agricultural Marketing Advisory Task Force.

Miss. Code Ann. § 69-1-115 Authorization for payment of per diem compensation and actual expenses to council members; exceptions.

Members of the council shall serve without compensation, provided that they shall be entitled to per diem compensation as is authorized by law for each day occupied with the discharge of official duties as members of the council and all actual, necessary expenses incurred in the discharge of their official duties, including mileage as authorized by law. However, no member shall be authorized to receive reimbursement for expenses, including mileage, or per diem compensation unless such authorization appears in the minutes of the council and is signed by the chairman or vice chairman. The members of the council shall not receive per diem or expenses while the Legislature is in session. All expenses incurred by and on behalf of the council shall be paid from a sum to be provided in equal portion from the contingency funds of the Senate and House of Representatives.

Miss. Code Ann. § 69-1-117 Liberal construction; savings clause.

The provisions of Sections 69-1-101 through 69-1-117 shall be liberally construed to accomplish the purposes of Sections 69-1-101 through 69-1-117. The powers granted and the duties imposed in Sections 69-1-101 through 69-1-117 shall be construed to be independent and severable. If any one or more sections, subsections, sentences or parts of any of Sections 69-1-101 through 69-1-117 shall be adjudged unconstitutional or invalid, such adjudication shall not affect, impair or invalidate the remaining provisions thereof, but shall be confined in its operation to the specific provisions so held unconstitutional or invalid.

Miss. Code Ann. § 69-1-201 Short title.

This act [Laws, 1991, ch 530] shall be known and may be cited as the “Mississippi Department of Agriculture and Commerce Reorganization Act of 1991.”

Miss. Code Ann. § 69-1-203 Functions of department; organization of department into offices; duties of offices.

The Department of Agriculture and Commerce shall promote the development of agriculture and aquaculture for both native and nonnative species. The department shall be organized into the Administration Office, the Regulatory Office, and the Marketing, Agricultural Development and Finance Office. Each office shall have the duties hereinafter specified in addition to any other duties assigned to it by the commissioner. The Administration Office shall consist of such employees as may be assigned to it by the commissioner and shall have exclusive responsibility for the following functions of the department: Accounting; Payroll; Purchasing; Data processing; Personnel; Motor pool and vehicles; Maintenance; and Printing and records. The Regulatory Office shall administer those laws relating to the regulation of the labels of syrup containers; the regulation of the sale of planting seed; the regulation of the sale of livestock by weight; the protection of the health of swine; the inspection of grain crops; the testing of the accuracy of petroleum pumps; the inspection of milk manufacturing plants and producers; the establishment of standards for frozen desserts sold in Mississippi; the licensing of exotic bird dealers; the regulation of the disposition of animal and poultry inedible waste; the regulation of the labeling of catfish; the adoption of systems of weights and measures for all commercial purposes in Mississippi; the inspection of meat and poultry and the licensing of facilities used for the processing thereof; and the regulation of the measurement and receiving of pulpwood. The Marketing, Agricultural Development and Finance Office shall develop direct contact with potential buyers worldwide for the Mississippi agricultural community to expand domestic and international markets; develop and regulate aquaculture production as provided in the Mississippi Aquaculture Act of 1988; and operate and administer the Mississippi Market Bulletin, the Market News Service, the Mississippi Agriculture and Forestry Museum and the Centennial Farm Family Program. This office shall also be responsible for the collection, analysis and dissemination of statistical data concerning the production, supply, price and other aspects of the state’s agricultural economy.

Miss. Code Ann. § 69-1-251 Legislative findings.

The Legislature finds that the production of agricultural and aquacultural food products constitutes an important and significant portion of the state economy and that it is beneficial to the citizens of this state to protect the vitality of the agricultural and aquacultural economy by providing a cause of action for producers of perishable agricultural food products to recover damages for the disparagement of any perishable agricultural or aquacultural food product.

Miss. Code Ann. § 69-1-253 Definitions.

As used in Sections 69-1-251 through 69-1-257, the following terms shall have the following meanings: “Disparagement” means dissemination to the public in any manner of any false information that the disseminator knows to be false, and which states or implies that a perishable agricultural or aquacultural food product is not safe for consumption by the consuming public. Such information is presumed to be false when not based upon reasonable and reliable scientific inquiry, facts or data. “Perishable agricultural or aquacultural food product” means any food product of agriculture or aquaculture which is sold or distributed in a form that will perish or decay beyond marketability within a period of time.

Miss. Code Ann. § 69-1-255 Cause of action for damages and appropriate relief.

Any producer of perishable agricultural or aquacultural food products who suffers damage as a result of another person’s disparagement of any such perishable agricultural or aquacultural food product has a cause of action for damages and for any other appropriate relief in a court of competent jurisdiction.

Miss. Code Ann. § 69-1-257 Limitations of action.

Any civil action for damages for disparagement of perishable agricultural or aquacultural food products shall be commenced within one (1) year after the cause of action accrues.

Miss. Code Ann. § 69-1-301 Short title.

Sections 69-1-301 through 69-1-319 shall be known as the “Mississippi Country of Origin Labeling Law of 2009.”

Miss. Code Ann. § 69-1-303 Definitions.

For purposes of Sections 69-1-301 through 69-1-319, the following terms shall have the meaning ascribed herein unless the context otherwise requires: “Beef” means the meat produced from cattle, including veal. “Commissioner” means the Commissioner of Agriculture and Commerce. “Covered commodity” means any of the following: Muscle cuts of beef, lamb and pork; Ground beef, ground lamb and ground pork; Farm-raised fish; Wild fish; Perishable agricultural products; Peanuts; Meat produced from goats; Chicken, in whole and in part; Ginseng; Pecans; and Macadamia nuts. The term covered commodity does not include an item described in this paragraph if the item is an ingredient in a processed food item. “Farm-raised fish” means farm-raised fish and shellfish and includes a fillet, steak, nugget and any other flesh from a farm-raised fish or shellfish. The term farm-raised fish shall not include catfish as defined in Section 69-7-605. “Lamb” means meat, other than mutton, produced from sheep. “Perishable agricultural product” means any of the following: fresh fruits and fresh vegetables of every kind and character, whether or not frozen or packed in ice. “Pork” means meat produced from hogs or swine. “Retailer” means any establishment licensed by the commissioner under Section 69-1-18. “Supplier” means a person engaged in the business of supplying a covered commodity to a retailer. “Wild fish” means naturally born or hatchery-raised fish and shellfish harvested in the wild and includes a fillet, steak, nugget and any other flesh from wild fish or shellfish. The term wild fish does not include net-pen aquacultural or other farm-raised fish or catfish as defined in Section 69-7-605.

Miss. Code Ann. § 69-1-305 Requirements imposed upon retailers and suppliers of covered commodities; means of providing information.

A retailer of a covered commodity shall inform consumers, at the final point of sale of the covered commodity to consumers, of the country of origin of the covered commodity. The information may be provided to consumers by means of a label, stamp, mark, placard or other clear and visible sign on the covered commodity or on the package, display, holding unit or bin containing the commodity at the final point of sale to consumers. If the covered commodity is already individually labeled for retail sale regarding country of origin, the retailer shall not be required to provide any additional information to comply with this section. A supplier shall provide information to the retailer indicating the country of origin of the covered commodity.

Miss. Code Ann. § 69-1-307 Designation of country of origin of beef, lamb, pork, chicken or goat meat; contents of notice for ground beef, pork, lamb, chicken or goat.

United States country of origin. A retailer of a covered commodity that is beef, lamb, pork, chicken or goat meat may designate the covered commodity as exclusively having a United States country of origin only if the covered commodity is derived from an animal that was: Exclusively born, raised and slaughtered in the United States; or Born and raised in Alaska or Hawaii and transported for a period of not more than sixty (60) days through Canada to the United States and slaughtered in the United States. A retailer of a covered commodity that is beef, lamb, pork, chicken or goat meat may designate the country of origin of the covered commodity as all of the countries in which the animal may have been born, raised or slaughtered, if the commodity is derived from an animal that was: Not exclusively born, raised and slaughtered in the United States; or Born, raised or slaughtered in the United States; and Not imported into the United States for immediate slaughter. A retailer of a covered commodity that is beef, lamb, pork, chicken or goat meat that is derived from an animal imported into the United States for immediate slaughter shall designate the origin as: The country from which the animal was imported; and The United States. A retailer of a covered commodity that is beef, lamb, pork, chicken or goat meat derived from an animal not born, raised or slaughtered in the United States shall designate a country other than the United States as the country of origin. The notice of country of origin for ground beef, ground pork, ground lamb, ground chicken or ground goat shall include: A list of all countries of origin of the ground beef, ground pork, ground lamb, ground chicken or ground goat; or A list of all possible countries of origin of the ground beef, ground pork, ground lamb, ground chicken or ground goat.

Miss. Code Ann. § 69-1-309 Designation of country of origin of farm-raised fish or wild fish; notice to distinguish between wild fish and farm-raised fish.

A retailer of a covered commodity that is farm-raised fish or wild fish may designate the covered commodity as having a United States country of origin only if: In the case of farm-raised fish, it is hatched, raised, harvested and processed in the United States; or In the case of wild fish, it is: Harvested in waters of the United States, a territory of the United States or a state, including the waters thereof; and Processed in the United States, a territory of the United States or a state, including the waters thereof. The notice of country of origin for wild fish and farm-raised fish shall distinguish between wild fish and farm-raised fish.

Miss. Code Ann. § 69-1-311 Designation of country of origin of perishable agricultural products, ginseng, peanuts, pecans or macadamia nuts.

A retailer of a covered commodity that is a perishable agricultural product, ginseng, peanut, pecan or macadamia nut may designate the covered commodity as having a United States country of origin only if the covered commodity is exclusively produced in the United States. If the covered commodity that is a perishable agricultural product, ginseng, peanut, pecan or macadamia nut is produced exclusively in the United States, designation of the state, region or locality of the United States where the commodity was produced shall be sufficient to identify the United States as the country of origin.

Miss. Code Ann. § 69-1-313 Promulgation of rules and regulations; authority to enter certain premises to conduct label reviews.

The commissioner is authorized to promulgate any rules and regulations as are necessary for the efficient enforcement of Sections 69-1-301 through 69-1-319. The commissioner shall have authority to enter the premises of any person that prepares, stores, handles or supplies any covered commodity for retail sale to conduct label reviews of covered commodities in order to determine compliance with Sections 69-1-301 through 69-1-319.

Miss. Code Ann. § 69-1-315 Authority to enter into cooperative agreements with federal government.

The commissioner may cooperate with and enter into agreement with agencies of the federal government in order to carry out the purpose and provisions of Sections 69-1-301 through 69-1-319. In this cooperative effort, the commissioner is authorized to accept from the federal government any advisory assistance planning and any financial aid or other aid for the program.

Miss. Code Ann. § 69-1-317 Authority to conduct audit of retailer that prepares, stores, handles or supplies covered commodities; retailer required to provide information to verify country of origin; injunctive relief for failure to provide information.

The commissioner may conduct an audit of any person that prepares, stores, handles or supplies any covered commodity for retail sale to verify compliance with Sections 69-1-301 through 69-1-319. Any person subject to an audit under this section shall provide information to the commissioner that verifies the country of origin of the covered commodities. Records maintained in the course of the normal conduct of the business of those persons, including animal health papers, import or customs documents or producer affidavits, may serve as verification. The commissioner may seek injunctive relief if a person fails to provide the information required under this section.

Miss. Code Ann. § 69-1-319 Written notification to retailer or supplier of violations; opportunity to correct violations; penalties; appeals.

If the commissioner determines that a retailer is in violation of Sections 69-1-301 through 69-1-319, the commissioner shall: Notify the retailer of the determination of the commissioner; and Provide the retailer a thirty-day period, during which the retailer must take necessary steps to comply with Sections 69-1-301 through 69-1-319. If the commissioner determines that a supplier is in violation, the commissioner shall: Notify the supplier of the determination of the commissioner; and Provide the supplier a thirty-day period, beginning on the date on which the person receives the notice, during which the supplier shall: Provide the required information to the retailer; and Provide to the commissioner a detailed plan of distribution of the required information to all retailers that are supplied covered commodities by the supplier. If at the end of the thirty-day period, the commissioner determines that the retailer or supplier failed to make a good faith effort to correct the violation or continues to be in violation, the commissioner, in addition to any other civil or criminal penalties, may fine the retailer or supplier not more than One Thousand Dollars ($1,000.00) for each violation. An appeal may be filed as provided under Section 69-25-59.

Miss. Code Ann. § 69-1-351 Repealed.

Repealed by its own terms effective July 1, 2015. § 69-1-351 . [Laws, 2013, ch. 464, § 1, eff from and after passage (approved March 26, 2013.)] Editor’s Notes — Former § 69-1-351 created the Interagency Farm to School Council.

Miss. Code Ann. § 69-1-353 Definitions.

For purposes of Sections 69-1-351 and 69-1-353, the following terms shall have the meanings herein ascribed unless the context clearly indicates otherwise: “Council” means the Interagency Farm to School Council created in Section 69-1-351. “Farm to school program” means any commercial relationship where a school purchases locally grown or locally raised agricultural products to serve in school meals and can include educational programs for students on local agriculture and nutrition; “Locally grown or locally raised agricultural products” means any food products grown on Mississippi farms or gardens, and includes, but is not limited to, fruits, vegetables, and nuts grown in Mississippi, meat, poultry, eggs, dairy, fish, seafood and other aquatic products produced in Mississippi, and products processed into value-added products that are grown or produced in Mississippi; “School” means any K-12 accredited public or private institution for learning and also includes public and private preschools.

Miss. Code Ann. § 69-1-371 Purpose.

A certificate of free sale is sometimes required for agricultural products from Mississippi to enter importing states and foreign countries. Persons exporting products from Mississippi are often asked by importing states and foreign countries to supply a certificate for products registered with or regulated by the Mississippi Department of Agriculture and Commerce. The purpose of Sections 69-1-371 through 69-1-375 is to authorize the Mississippi Department of Agriculture and Commerce to issue a certificate of free sale for agricultural products and those products registered with or regulated by the department for the purpose of exporting these products from Mississippi.

Miss. Code Ann. § 69-1-373 Definitions.

As used in Sections 69-1-371 through 69-1-375: “Agricultural products” means, but is not limited to, any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed for human or livestock consumption or products that are used for agricultural purposes such as fertilizers and soil and plant amendments. “Department” means the Mississippi Department of Agriculture and Commerce.

Miss. Code Ann. § 69-1-375 Certificates of free trade for agricultural products grown or manufactured in, or distributed and sold from Mississippi; contents of request for certificate.

The department is authorized to issue certificates of free sale for products grown or manufactured in Mississippi or distributed and sold from Mississippi. The business must be in good standing with the Mississippi Secretary of State’s office. All requests for certificates must be in writing and shall contain at least the following information: The name under which the business is conducted and/or licensed; The physical address where the business is conducted; The type of operation conducted by the requesting establishment; The product’s full, common or usual name of the product, the name of the manufacturer and the size of the product. Each product size shall be submitted as a separate product. Products on the certificate will be listed exactly as submitted; The country or countries to where the product is being shipped; and The number of certificates requested. Labeling information, promotional information, website information, master formulas, marketing clearance letters, distribution records, and advertising affixed to, accompanying, or relating to the products may be required to be submitted for each product upon request by the department. If labeling is in a foreign language, applicant shall provide English translation. Labeling information shall be in final format. Label prototypes and drafts shall not be accepted. The certificate will list the product name, the manufacturer’s name, and the product size, if applicable. The department assumes no legal liability by issuing these certificates, but merely serves to promote the export of agricultural products from the State of Mississippi.