MCA Chapter 45

in effect

Miss. Code Ann. § 69-45-1 Short title.

This chapter shall be known and may be cited as the “Mississippi Agricultural Promotions Program Act.”

Miss. Code Ann. § 69-45-3 Legislative findings.

The Legislature finds that there is a need for a Mississippi Agricultural Promotions Program to increase consumer awareness and expand the market for Mississippi’s agricultural products. The Legislature further finds that the Mississippi Department of Agriculture and Commerce, through, but not limited to, product identification programs and subsidies, loans and grants, shall promote and advertise such products.

Miss. Code Ann. § 69-45-5 Definitions.

For the purposes of this chapter, the following terms shall have the following meanings: “Commissioner” means the Commissioner of Agriculture and Commerce. “Department” means the Department of Agriculture and Commerce. “Person” means an individual, firm, partnership, corporation, association, business, trust, legal representative or any other business unit. “Reproduce” means to stencil, emboss, print, engrave, impress, imprint, lithograph or duplicate in any manner or to cause any such acts to be done. “Agricultural product” means any product that is at least fifty-one percent (51%) grown, processed or manufactured in the State of Mississippi. “Division” means the Division of Market Development within the Department of Agriculture and Commerce. The words “logo” and “program,” whenever used in this chapter, shall include the plural as well as the singular.

Miss. Code Ann. § 69-45-7 Establishment of program to finance and promote agricultural economic development.

The department, in its discretion, may establish a program of grants, loans and subsidies to be matched by agricultural entities in the state to finance and promote agricultural economic development.

Miss. Code Ann. § 69-45-9 Purpose of chapter; duties of Division of Market Development.

The purpose of this chapter is to authorize the division to establish and coordinate the Mississippi Agricultural Promotions Program. The duties of the division shall include, but are not limited to: Developing a logo and authorizing the use of that logo; Developing a program for loans, grants and subsidies; Registering participants; Requesting and collecting reimbursements from program participants; Promoting and advertising Mississippi and its agricultural products through the purchase of promotional items; Developing in-kind advertising programs and promotional materials; and Contracting with media representatives for the purpose of dispersing promotional materials. The commissioner shall promulgate rules necessary to implement the provisions of this act.

Miss. Code Ann. § 69-45-11 Registration of participants; annual marketing assessment; funding promotions program.

Any person or business who participates in the Mississippi Agricultural Promotions Program shall register annually with the department on forms prescribed by the department. The department is authorized to charge an annual marketing assessment to defray costs and expenses associated with the program. The department serves to promote agriculture products in the state; thus, it assumes no legal liability by registering these persons or businesses. The department may accept, budget, receive and expend funds from any source to implement, market and promote the program; 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 in its publications; Any funds received from this advertising shall be retained by the department and expended to market and promote the Mississippi Agricultural Promotions Program; and 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.

Miss. Code Ann. § 69-45-13 Creation of Mississippi Agricultural Promotions Fund.

There is created a special fund to be designated as the “Mississippi Agricultural Promotions Fund” within the State Treasury to receive all monies related to the Mississippi Agricultural Promotions Program. Monies deposited in the fund shall be expended, upon legislative appropriations, and upon requisition therefor by the Commissioner of Agriculture, for the purposes of implementing, marketing and promoting the Mississippi Agricultural Promotions Program. Unexpended amounts remaining in the fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.

Miss. Code Ann. § 69-45-15 Unlawful use, reproduction or distribution of Program logo.

It is unlawful for any person to use, reproduce or distribute the logo of the Mississippi Agricultural Promotions Program without being registered with the department or to otherwise violate the provisions of this chapter or any rules adopted under this chapter. Any person who violates any of the provisions of this chapter or any rule promulgated under this chapter revokes his rights for logo use or any funding hereunder.