MCA Chapter 53

in effect

Miss. Code Ann. § 75-53-1 Labeling requirements; penalty for violations.

It shall be unlawful for any person, firm or corporation within this state to manufacture for sale, sell, or exchange, or to offer or to keep for sale or exchange any paint, putty, linseed oil or other paint oils, turpentine or varnish that is not labeled in accordance with the provisions of this chapter, or which is adulterated or misbranded or insufficiently labeled or branded. Any person, firm, or corporation violating any provision hereof shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars ($25.00), and not more than one hundred dollars ($100.00) for the first offense, and not less than fifty dollars ($50.00) and not more than two hundred dollars ($200.00) for each subsequent offense.

Miss. Code Ann. § 75-53-3 Term “paint” defined.

The term paint as used herein shall include all substances, whether dry or ground in oil, used or intended for use as paint or as components of paint. It shall include paste and semipaste paints, house, carriage, wagon, barn, floor, roof, and implement paints and enamels, and all kinds of liquid and ready mixed paints. It shall not include artists’ colors, liquid bronzes, colors intended to be mixed with water for decorative purposes, wood fillers, stove polishes or stove enamels, and shingle and roof stains.

Miss. Code Ann. § 75-53-5 Receptacles to bear labels.

Every container or receptacle of paint, putty, linseed oil, or other paint oils, turpentine, and varnish sold, exchanged, or offered or kept for sale or exchange, shall bear a label printed in legible type in English stating: The kind of paint or material in the container, and the name and residence of the manufacturer by whom made and the name and residence of the distributor, person or firm for whom made. The volume, if sold by volume; and the net weight if sold by weight. In case of putty and also of paints as defined in Section 75-53-3, the name and the percentage of each component or constituent, both solid and liquid, and also on a separate place or places on the label the percentage composition of the color or coloring material, or materials, used. In the case of varnish and colors in varnish, the percentage of rosin, benzine, naphtha, gasoline, mineral oil, or hydrocarbon oil. In the case of mixed oils, the percentage by volume of each and every oil in the mixture.

Miss. Code Ann. § 75-53-7 Misbranding; what deemed to be.

For the purposes of this chapter, paint, putty, linseed oil, or other paint oils, turpentine, and varnish shall be deemed to be misbranded if the container is labeled or marked in any manner that tends to deceive the purchaser as to the nature, composition, volume, or weight of the contents thereof. The same shall be insufficiently branded if the label fails to give fully the information required herein. The same shall be deemed to be adulterated if, for any component or constituent stated on the label, some other component or constituent is substituted in whole or in part.

Miss. Code Ann. § 75-53-9 State chemist to enforce this chapter.

The state chemist is hereby charged with the enforcement of the provisions of this chapter. He shall also prepare such rules and regulations as are necessary to carry its intent and purpose into effect. The collection, examination, and analysis of specimens of paint, putty, linseed oil and other paint oils, turpentine, and varnish shall be carried out under his direction by duly authorized inspectors and analysis.

Miss. Code Ann. § 75-53-11 Authority and duties of state chemist and inspectors.

Specimens for examination and analysis shall be taken by the state chemist or by duly authorized inspectors. In the execution of their duties, inspectors shall have access during reasonable business hours to places where paint, putty, linseed oil, or other paint oils, turpentine, or varnish is sold, and they shall tender the owner the market price for all specimens taken by them.

Miss. Code Ann. § 75-53-13 Penalty for hindering inspectors.

Any person who shall hinder or obstruct an inspector in the performance of his duty shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty-five dollars ($25.00) and not more than fifty dollars ($50.00).

Miss. Code Ann. § 75-53-15 Article found to be adulterated; procedure.

When it shall appear from an examination or analysis that a specimen or sample of paint, putty, linseed oil or other paint oils, turpentine, or varnish is misbranded, or insufficiently branded or labeled or adulterated, the state chemist shall give notice thereof to the person or firm from whom such specimen was obtained, and such person or firm shall have an opportunity to be heard. If it should then appear that any of the provisions hereof have been violated, the state chemist shall certify the facts to the proper district attorney, together with a copy of the results of the examination or analysis duly authenticated by the chemist or officer making the examination or analysis, and the certificate of analysis or examination of such chemist or officer, when duly sworn to, shall be prima facie evidence of the facts therein certified.

Miss. Code Ann. § 75-53-17 Duty of district attorney.

It shall be the duty of such district attorney to whom the state chemist shall report any violation of this chapter to cause proceedings to be commenced and prosecuted in the proper court without delay for the enforcement of the penalties herein provided in such cases.