MCA Chapter 3

in effect

Miss. Code Ann. § 69-3-1 Definitions.

Wherever the following terms or similar terms are used in this article, they shall have the following meanings, unless the context clearly indicates otherwise: “Advertisement” means all representations made by the labeler, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this article. “Agricultural seeds” means the seed of grass, forage, cereal and fiber crops, lawn seed, and any other kinds of seed, including transgenic seeds, recognized within this state as agricultural or field seeds, and mixtures of such seeds. “Bulk” or “in bulk” means seed when loose either in vehicles of transportation, bins, cribs or tanks, and not seed in bags, boxes, cartons, bulk/super bags or other containers. “Certified seed,” “registered seed” and “foundation seed” mean seed that has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an official certifying agency authorized by the laws of this state or the laws of another state or country. “Commercial grower” means a person, firm or corporation engaged primarily in the production of seed for planting purposes for sale or trade. “Commissioner” means the Commissioner of Agriculture and Commerce of the State of Mississippi. “Commission merchant” or “agent” means a person, firm or corporation engaged in the selling of packet seed of less than four (4) ounces to consumers. “Consumer” means any person who purchases or otherwise obtains seed for sowing but not for resale. “Council” means the seed arbitration council created under Section 63-3-20. “Date of test” means the month and year the percentage of germination appearing on the label was obtained by laboratory test. “Department” means the Mississippi Department of Agriculture and Commerce. “Federal Seed Act” means the laws codified at 7 USCS 1551 et seq., and all regulations promulgated thereunder. “Firm ungerminated seed” means live seed, other than hard seed, which neither germinate nor decay during the period and under the conditions prescribed for germination of such seed by the rules and regulations promulgated pursuant to provisions of this article. “Flower seed” means the seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, including transgenic seeds, and commonly known and sold under the name of flower seeds in this state. “Hybrid” means the first generation seed of a cross produced by controlling the pollination and combining: (i) two (2) or more inbred lines; or (ii) one (1) inbred line or a single cross with an open-pollinated variety; or (iii) two (2) varieties or species, except open-pollinated varieties of corn. The second generation and subsequent generations of such crosses shall not be regarded as hybrids. “Kind” means one or more related species or subspecies which singly or collectively is known by one (1) common name; for example: soybeans, crimson clover, striate lespedeza, tall fescue. “Label” means the display or displays of written, printed or graphic matter upon or attached to the container of seed pertaining to the contents of the container. “Labeler” means the person, firm, corporation or the registered code number whose name appears on the label or container of seed. “Labeling” includes all labels and other written, printed or graphic representations made by the labeler accompanying and pertaining to the seed product whether in bulk or in containers, and any product use guides for the technology of the seed, that may be distributed in any manner including representations on invoices except for current official publications of the United States Department of Agriculture, state extension services, state experiment stations, state agricultural colleges and other similar federal or state institutions or agencies authorized by law to conduct research. “Lot of seed” means a definite quantity of seed identified by a lot number or other identification mark, every portion or bag of which is uniform for the factors which appear on the label, within permitted tolerances. “Mixed” or “mixture” means seeds consisting of more than one (1) kind, or kind and variety, or strain, each present in excess of five percent (5%) of the whole. “Official certifying agency” means an agency authorized or recognized and designated as a certifying agency by the laws of a state, the United States, a province of Canada, or the government of a foreign country. “Origin” means the state, District of Columbia, Puerto Rico, or possessions of the United States, or the foreign country where the seeds were grown. “Processing” means cleaning, scarifying, blending or treating to obtain uniform quality and other operations which would change the purity or germination of the seed and therefore require retesting to determine the quality of the seed. “Product use guide” means any written information prepared by the labeler and distributed to the consumer, containing specific information concerning a seed product or a technology. “Prohibited noxious weed seed” means the seeds of weeds that reproduce by seed, and/or spread by underground roots or stems, and which, when established, are highly destructive and difficult to control in this state by ordinary good cultural practice, or constitute a peculiar hazard to the agriculture of this state. “Pure seed,” “germination,” “other crop seed,” “inert matter” and other seed labeling and testing terms in common usage not defined herein are defined as in the Federal Seed Act and the rules and regulations promulgated under that act. “Recognized professional” means a person who is a licensed consultant, a certified crop advisor or any other person recognized by the arbitration council to be qualified to provide expert advise and opinion on seed performances. “Restricted noxious weed seed” means the seeds of weeds that are particularly objectionable in fields, lawns or gardens of this state, but which can ordinarily be controlled by good cultural practice. “Seed record” means information which relates to the origin, treatment, germination and purity of each lot of agricultural seed sold, offered or exposed for sale in this state, or which relates to the treatment, germination and variety of each lot of vegetable, flower, or tree and shrub seed sold, offered or exposed for sale in this state. Such information includes seed samples and records of declarations, labels, purchases, sales, cleaning, bulking, handling, storage, analyses, tests and examinations. “Seedsman” means a person, firm or corporation engaged in the buying, selling or exchanging, offering or exposing for sale agricultural seeds or mixtures thereof, vegetable, flower, tree and shrub seeds as defined in this article. “Stop sale order” means any written or printed notice or order given or issued by the commissioner or his authorized agents to the owner or custodian of any lot of agricultural, vegetable, flower, or tree and shrub seeds in this state, directing such owner or custodian not to sell, offer or expose such seeds for sale for planting purposes within this state until requirements of this article shall have been complied with and a written release has been issued. “Strain” means the subdivision of a variety; for example: Clemson nonshattering soybeans, Strain 4. “Treated” means that the seed has been given an application of a substance or subjected to a process designed to control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings grown therefrom to improve its planting value or to serve any other purpose. “Tree and shrub seeds” means the seeds of woody plants, including transgenic seeds, commonly known and sold as tree and shrub seeds in this state. “Tolerance” means the allowance for sampling variation specified under rules and regulations promulgated pursuant to the provisions of this article. “Transgenic seed” means seed from a plant whose genetic composition has been altered by methods other than those used in conventional plant breeding to produce seed that contains selected genes from other plants or species that will produce results such as herbicide tolerance, or resistance, insect tolerance, or resistance, or other traits derived from biotechnology. “Variety” means a subdivision of a kind which is characterized by growth, plant, fruit, seed or other characteristics by which it can be differentiated in successive generations from other sorts of the same kind; for example: Lee soybeans, Frontier crimson clover, Kobe striate lespedeza, Kentucky 31 tall fescue. “Vegetable seeds” means the seeds of those crops which are grown in gardens or on truck farms, including transgenic seeds, and are generally known and sold under the name of vegetable seeds in this state. “Weed seed” means the seeds, bulblets or tubers of all plants generally recognized as weeds within the state and includes noxious weed seeds. “Wholesale distributor” means a person, firm or corporation engaged in the selling of seed to a seedsman holding a permit as required by subsection (1)(c) of Section 69-3-3.

Miss. Code Ann. § 69-3-3 Seedsman permits.

Every seedsman who sells, offers for sale, exposes for sale, distributes or solicits orders for the sale of any agricultural seed or mixtures thereof, vegetable seed, flower seed, or tree and shrub seed as defined in Section 69-3-1 to farmers, retail seed dealers, wholesale distributors, or to others who use or plant such seed in the State of Mississippi, shall, before selling or offering such seed for sale or distributing or soliciting orders for the sale of such seed and on or before the first day of July of each year, secure an annual permit from the commissioner to engage in such business. Seed dealers and other sellers of seed shall apply for an annual permit upon forms prescribed by the commissioner and such a permit shall be issued upon the payment of the following permit fees when the application is in proper form: Each seedsman selling packet seed, in closed containers of less than four (4) ounces, through commission merchants or agents, shall furnish each agent with permit at fee of Two Dollars and Fifty Cents ($2.50) per agent. A separate permit shall be required for each location or place of business with rack display. For each seedsman engaged in selling vegetable seed at retail from containers of four (4) ounces or more, not displayed on a rack, a permit fee of Five Dollars ($5.00) for each such place of business. This permit will qualify the seedsman to only sell vegetable seeds, as identified by the Federal Seed Act, directly to the consumer. For each seedsman engaged in selling seed at retail to the consumer, except vegetable seed dealers as defined above and packet seed agents, a permit fee of Twenty-five Dollars ($25.00) for each such place of business. This permit will qualify the seedsman to only sell seed to the consumer for sowing but not for resale. For each seedsman engaged in selling seed to wholesale distributors only, a permit fee of Five Dollars ($5.00) for each such place of business of the seller. This permit will qualify the seedsman to sell only to “wholesale distributors.” For each seedsman engaged in selling seed as a wholesale distributor, a permit fee of One Hundred Dollars ($100.00) for each such place of business. This permit qualifies a seedsman to sell at levels for permits required by paragraphs (a), (b), (c), (d) and (e) of this section. Out-of-state seedsmen who sell or ship seed into this state shall obtain a permit in the same manner as described in paragraphs (a), (b), (c), (d) and (e) of this section. For the purpose of enforcement of the permit provisions of this section, the type of permit held by the buyer shall determine the type of permit required of the seller. Permits shall be renewed annually, beginning July 1, and may be revoked for cause by the commissioner. Failure to renew such permit by September 1 of each year will incur a penalty of twenty-five percent (25%) to the cost of the permit. The initial registration will be at the prescribed fee. However, the fee for first time permit applicants received on or after April 1 will be prorated by the commissioner for all classifications except packet agent permits. The Mississippi Agricultural and Forestry Experiment Station shall be exempt from permit requirements for seed distributed for increase.

Miss. Code Ann. § 69-3-4 Transfers of Bermuda grass; permit required; fee; misrepresentation and infringement of brand prohibited; penalties; rules and regulations.

Every person, firm, association or corporation that shall transfer ownership of Bermuda grass for commercial sprigging, or that shall issue, use or circulate any certificate, advertisement, tag, seal, poster, letterhead, marking circular, written or printed representation or description of or pertaining to Bermuda grass intended for commercial sprigging or sale shall conform to the standards or requirements as made by the Commissioner of Agriculture and Commerce. Such persons, firms, associations and corporations, before transferring ownership of Bermuda grass, on or before the first day of July of each year, shall secure an annual permit from the Commissioner of Agriculture to engage in such business or practice. The annual permit fee shall not exceed Twenty-five Dollars ($25.00) for each person or place of business. If a person, firm, association or corporation discovers a new selection of Bermuda grass, such entity shall not name the grass in such a manner as to misrepresent, infringe or mimic a name already on the market. The commissioner may revoke the permit of any person who misrepresents, infringes or mimics a name in violation of this section. Any person who transfers ownership of Bermuda grass for commercial sprigging without a permit as required under this section shall be subject to a civil penalty, not to exceed Two Hundred Fifty Dollars ($250.00). All penalties levied by the commissioner shall be paid into the General Fund in the State Treasury. The Commissioner of Agriculture and Commerce shall promulgate rules and regulations to implement the provisions of this act.

Miss. Code Ann. § 69-3-5 Labeling requirements.

Each container of agricultural, vegetable, flower, or tree and shrub seeds sold, offered for sale, or exposed for sale, or transported within this state for seeding purposes shall bear thereon or have attached in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information: For agricultural seed: 1. Percentage of germination, exclusive of hard seed or firm seed. 2. Percentage of hard seed, if present. 3. Percentage of firm ungerminated seed, if present. 4. The calendar month and year the test was completed to determine such percentages. The commonly accepted name of kind and variety of each agricultural seed present in excess of five percent (5%) of the whole and the percentage by weight of each in the order of its predominance. When more than one (1) kind and variety is required to be named, the word “mixture” or the word “mixed” shall be shown conspicuously on the label, but the commissioner may by regulation permit certain kinds of seed to be labeled “mixed” without showing the percentage of each variety present. Hybrids shall be labeled with the name and/or number by which the hybrid is commonly designated. Lot number or other designation. Net weight. Origin. Percentage by weight of all weed seed, including noxious weed seed. Percentage by weight of inert matter. Percentage by weight of other crop seed. For each named agricultural seed: The name and number per pound of each kind of restricted noxious weed seed. The name and address, or the registered code number, of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state. In addition to the above label requirements, the commissioner may, by regulation, require certain additional information for the label. For vegetable seed in containers of more than one (1) pound: Name of kind and variety of seed. Net weight. Lot number or other identification. Percentage of germination, exclusive of hard seed. Percentage of hard seed, if present. Calendar month and year the test was completed to determine such percentages. The name and address, or the registered code number, of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state. For seeds which germinate less than standards prescribed under rules and regulations, the words “below standard” in not less than 8-point type must be written or printed on face of tag in addition to other information required. For vegetable seed in containers of one (1) pound or less: Name of kind and variety. The name and address, or the registered code number, of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state. For seed which germinate less than the standards prescribed for such seed under rules and regulations, the following additional information must be shown: 1. Percentage of germination, exclusive of hard seed. 2. Percentage of hard seed, if present. 3. Calendar month and year the test was completed to determine such percentage. 4. The words “below standard” in not less than 8-point type. For flower seed: Flower seed shall be labeled to comply with rules and regulations promulgated under this article. For tree and shrub seed: Tree and shrub seed shall be labeled to comply with the rules and regulations promulgated under this article. For treated seed: All seed treated shall be labeled to comply with the rules and regulations promulgated under this article. The labeler shall keep records of the year of production and blending components of all agricultural or vegetable seed in each lot labeled, distributed or offered for sale within the state. Upon request the records of each lot of seed shall be made available to the purchaser of seed from such lots either through information on the label, the container or other means that may be required by regulation to provide the information requested in a timely manner.

Miss. Code Ann. § 69-3-6 Seed inspection fees.

The department may establish seed inspection fees, prescribe and furnish forms, and require the filing of reports necessary for the payment of the inspection fees. The department may inspect the record of any seedsman during the normal hours of business operation as it deems necessary. All fees collected under this section shall be deposited into a special fund in the State Treasury. The department may expend the monies in the fund by an annual appropriation approved by the Legislature for the support of the Seed Division of the Bureau of Plant Industry. Every seedsman who sells or distributes seed for sale, whether in bulk or in containers, within or into Mississippi for planting purposes, shall be assessed a seed inspection fee as required by the department. Every seedsman must: Pay an inspection fee on the total number of pounds of seed sold or otherwise distributed for sale within or into the state. Payment of the seed inspection fees shall be the responsibility of the seedsman initiating the first sale of seed within or into the state; Maintain records, as required by the department, that accurately reflect the total pounds of seed subject to the fees that are handled, sold or offered, or distributed for sale; File quarterly reports on forms provided or approved by the department, covering the total pounds of all sales of seed subject to the fee and sold during the preceding quarter. The reports and fees due shall be filed with the department no later than thirty (30) days following the end of each calendar quarter. A seedsman who does not file the quarterly report by the due date shall pay a penalty fee as provided by the regulations of the department. The penalty fee shall be waived if the seedsman obtains prior written approval from the department for a late filing and complies with the late filing requirements. If a seedsman does not comply with all the requirements of this section, the commissioner may suspend the seedsman’s permit until the seedsman is in compliance.

Miss. Code Ann. § 69-3-7 Records.

Each person handling seed shall keep for a period of two (2) years a complete seed record of agricultural, vegetable, flower, or tree and shrub seeds handled. The records shall include the information for seed records as defined in Section 69-3-1. The commissioner or his duly authorized agents shall have the right to inspect such records for the purpose of the effective administration of this article.

Miss. Code Ann. § 69-3-9 Prohibitions.

It shall be unlawful for any person to sell, offer for sale or expose for sale any agricultural seed, mixtures of agricultural seed, vegetable seed, flower seed, or tree and shrub seed, as defined in this article, for seeding purposes within this state: Unless a permit has been obtained in accordance with provisions of this article. Unless the test to determine the percentage of germination required by Section 69-3-5 shall have been completed within the period specified in the rules and regulations promulgated pursuant to the provisions of this article. Not labeled in accordance with the provisions of this article, or having a false or misleading labeling or claim. Pertaining to which there has been a false or misleading advertisement. Consisting of, or containing, prohibited noxious weed seeds. Containing restricted noxious weed seeds, except as prescribed by regulations promulgated under this article. Containing weed seeds, including those of noxious weeds, in excess of limits set forth in the rules and regulations promulgated pursuant to the provisions of this article. That have been treated with a poisonous material and not labeled in accordance with provisions of this article and regulations promulgated thereunder. To which there are affixed names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality or origin of the seeds. Having tags or labels attached to the containers of seed bearing thereon a liability or nonwarranty clause disclaiming responsibility for the information on the label required by Section 69-3-5. Unless it conforms to the definition of a “seed lot” or “lot of seed” as defined in this article. It shall be unlawful for any person within this state: To detach, alter, deface or destroy any label provided for in this article or the regulations promulgated thereunder, or to alter or substitute seed in any manner that may defeat the purpose or provisions of this article. To disseminate false or misleading advertisements in any manner concerning agricultural, vegetable, flower, or tree and shrub seeds. To sell, distribute, offer for sale or expose for sale any agricultural, vegetable, flower, or tree and shrub seeds labeled “certified seed,” “registered seed” or “foundation seed” unless it has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an official certifying agency as defined in this article. To sell seed represented to be a hybrid unless such seed conforms to the definition of a hybrid as defined in this article. To hinder or obstruct in any manner the commissioner or an authorized agent of the commissioner in the performance of his duties. To fail to comply with a stop sale order or seizure order, or to dispose of any seed suspended from sale or use without proper release. To use the name of the department of agriculture, or the results of tests and inspections made by the department, for advertising purposes. To label and offer for sale seed under the scope of this article without keeping complete records as specified in Section 69-3-7. To use the words “type” or “trace” in lieu of information required by Section 69-3-5.

Miss. Code Ann. § 69-3-11 Exemptions.

Agricultural seed or mixtures of same, vegetable seed, flower seed, and tree and shrub seed shall be exempt from provisions of this article: When sold and delivered by a farmer-grower of this state on his own premises, but a farmer-grower is required to label seed when sold and shipped away from his premises, but is not required to hold the seedsman’s permit. These provisions do not apply to commercial growers of seed. When sold or represented to be sold for purposes other than seeding, providing that the vendor shall make it unmistakably clear to the purchaser of such seed that it is not for seeding purposes. When seed for processing is being transported to, or consigned to, or stored in a processing or cleaning establishment, provided that the invoice or labeling accompanying said seed bears the statement “seed for processing.” Other labeling or representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this article. No label shall be required, unless requested by the purchaser, on agricultural seed, mixtures of same, vegetable seed, flower, and tree and shrub seed when such seeds are sold directly to and in the presence of the purchaser and taken from a container labeled in accordance with this article. No person shall be subjected to the penalties of this article for having sold, offered or exposed for sale in this state agricultural seed, mixtures of same, vegetable seed, flower seed, or tree and shrub seed which were incorrectly labeled or represented as to kind, variety or origin, which seed cannot be identified by examination thereof, unless he has failed to obtain an invoice or grower’s declaration or other labeling information and to take such other precautions as may be reasonable to insure the identity to be that stated.

Miss. Code Ann. § 69-3-13 Disclaimers, nonwarranties and limited warranties.

A disclaimer, nonwarranty or limited warranty used on labels or in advertisement shall not directly or indirectly deny or modify any information required by this article or the regulations promulgated thereunder.

Miss. Code Ann. § 69-3-15 Withdrawal of seed.

Seed not having a reasonable germination or which are extremely impure, notwithstanding the fact that they may be properly labeled, shall be withdrawn from sale and declared worthless when, in the opinion of the commissioner, such withdrawal is in the interest of normal crop production in this state. Worthless seed in violation of this article shall not be sold or given away for planting purposes.

Miss. Code Ann. § 69-3-17 Enforcing agency; state preemption of conflicting local ordinances or regulations.

The duty of enforcing this article is vested in the commissioner. The commissioner may establish rules and regulations not inconsistent with this article, may employ such agents and persons, and may make use of other employees of the department as deemed necessary for enforcement of this article. This article and the regulations of the department are of statewide concern and occupy the whole field of regulation regarding the cultivation, harvesting, production, processing, registration, labeling, sale, storage, transportation, quarantine, distribution, notification of use, planting, or other use of seeds to the exclusion of all local regulations. Except as otherwise specifically provided in this article, no ordinance or regulation of any political subdivision may prohibit or regulate any matter relating to the registration, labeling, sale, storage, transportation, quarantine, distribution, notification of use, planting and use of seeds.

Miss. Code Ann. § 69-3-19 Duties of enforcing agency.

It shall be the duty of the Commissioner of Agriculture and Commerce, acting either directly or through his duly authorized agents: To sample, inspect, make analyses of and test agricultural, vegetable, flower, tree and shrub seeds, and transgenic seeds, transported, held in storage, sold, offered for sale or exposed for sale, or distributed within this state for seeding purposes, at such time and place, and to the extent as he may deem necessary to determine whether the seeds are in compliance with this article, and to notify promptly the person who transported, distributed, possessed, sold, offered or exposed the seed for sale, of any violation. Such test results shall be sufficient to be used by the Mississippi Department of Transportation to determine whether or not seed so tested meets the requirements of the Department of Transportation as set out in its contract specifications. No further testing shall be required unless the Department of Transportation determines that more than nine (9) months has elapsed, exclusive of the calendar month in which the test was completed, between the germination test data and the time of planting, or if by visual inspection the Department of Transportation determines that the seed was improperly stored or handled prior to planting. To prescribe and adopt reasonable rules and regulations governing the methods of sampling, inspecting, making analysis tests and examinations of agricultural, vegetable, flower and tree and shrub seeds, including standards, and the tolerances to be followed in the administration of this article, and any other reasonable rules and regulations as may be necessary to secure efficient enforcement of this article. To adopt and publish prohibited and restricted noxious weed seed lists. To publish list of kinds of seeds known and recognized to contain firm seeds. For the purpose of carrying out this article, the commissioner individually or through his designated agents is authorized: To enter upon any public or private premises where agricultural, vegetable, flower, or tree and shrub seeds are sold, offered or exposed for sale or distribution, during regular business hours in order to have access to seeds or records subject to this article and the rules and regulations, and to take samples of seed or copies of records in conformity therewith; and To establish, maintain and support a state seed testing laboratory with such facilities and personnel as may be deemed necessary. The laboratory shall be located at Mississippi State University of Agriculture and Applied Science. Such seed laboratory and equipment shall be in cooperation with Mississippi State University of Agriculture and Applied Science and under the supervision of the Director of the Bureau of Plant Industry, who shall be the state seed analyst; and To provide that any person, firm or corporation in this state shall have the privilege of submitting service seed samples for test to the state seed testing laboratory, subject to the charges as specified in the rules and regulations. Any person receiving a statement for seed analysis which is not paid in ninety (90) days will be in violation of this article. Any resident farmer may have one (1) sample of each kind tested free in any calendar year. A signed request by a farmer or individual must accompany the sample when it is sent in by a dealer; otherwise, the sample will be recorded and charges for analysis will be made to the dealer. Official seed samples drawn by inspectors in the enforcement of this article shall have first priority for testing in the state seed testing laboratory. The state seed analyst shall not be obligated to analyze uncleaned, unprocessed, and other time-consuming samples which obviously do not meet seed law requirements, except as time and facilities will permit; and To publish, in his discretion, the results of analyses, tests, examinations, field trials and investigations of any seed sampled under this article, together with any information he may deem advisable; and To issue and enforce a written or printed “stop sale” or “seizure” order to the owner or custodian of any lot of agricultural, vegetable, flower, or tree and shrub seeds which the commissioner or his authorized agent finds is in violation of this article or the rules and regulations, which shall prohibit further sale or movement of such seed until the officer has evidence that the law has been complied with and a written release has been issued to the owner or custodian of the seed; and To issue and enforce a “stop sale” or “seizure” order with respect to a particular variety of agricultural, vegetable, flower or tree and shrub seeds if the producer or distributor of such variety is found to have violated this article or the rules and regulations with respect to the particular variety, which shall remain in effect until the producer or distributor is in compliance with the law and has taken any action required by the commissioner to correct the effect of the violation in the marketplace; and To cooperate with the United States Department of Agriculture in seed law enforcement.

Miss. Code Ann. § 69-3-20 Appointment of arbitration council.

The commissioner shall appoint an arbitration council composed of six (6) members to hear and decide each complaint. The Director of the Mississippi Agricultural and Forestry Experiment Station, the Director of the Mississippi Cooperative Extension Service, the President of the Mississippi Seedsmen’s Association, the President of the Mississippi Farm Bureau Federation, and the Alcorn State University Divisional Director of Agriculture and Applied Sciences shall supply to the commissioner a list of four (4) candidates from their respective organizations. The commissioner shall choose one (1) candidate from each organization’s list in selecting a council to hear each complaint. On or before January 1 of each year the respective recommending organizations shall submit member recommendations if they want to make changes from their previous recommendations. The commissioner, or his designee, shall be a member of and serve as chairman of the council and he may appoint a secretary for the council. It shall be the duty of the chairman to call the council into session to conduct all meetings and deliberations and to direct all other activities of the council. It shall be the duty of the secretary to keep accurate and correct records of all meetings and deliberations and perform such other duties for the council as directed by the chairman. The commissioner shall prescribe and adopt reasonable rules and regulations governing the arbitration process to include conditions and circumstances associated with seed to which arbitration is applicable. The purpose of the arbitration council is to assist consumers and seedsmen in determining the validity of complaints made by consumers against seedsmen and recommend cost damages resulting from failure of the seed to properly perform or produce, whether related to specific representations on the label or the labeling, other information on the seed container or conditions attributed to the quality of the seed. When the department refers a complaint made by a consumer against a seedsman to the arbitration council, the council shall make a full and complete investigation of the matters complained of, and at the conclusion of the investigation, report its findings and make its recommendations of cost damages and file them with the department. Council findings and recommendations may be admissible as evidence in a court of law. When a complaint involving transgenic seeds is filed for arbitration, the seedsman shall furnish the commissioner the technology and procedures necessary to conduct any test to determine whether the seeds will perform as represented by the seedsman. The commissioner shall ensure that all technology and procedural information submitted to the department by the seedsman shall be kept confidential to ensure the proprietary rights of the seedsman. After a final disposition of all judicial proceedings or expiration of any applicable statute of limitation, the commissioner shall return all technology, records, test data or procedural information to the seedsman. In addition, remedies for misappropriation of a trade secret shall be governed by the Mississippi Uniform Trade Secrets Act in Sections 75-26-1 through 75-26-19. In conducting its investigation the arbitration council or any member or members shall be authorized to examine the consumer on his farming operation of which he complains; to examine the seedsman on his packaging, labeling and selling operation of the seed alleged to be faulty; to conduct an appropriate test of a representative sample of the alleged faulty seed through the facilities of the state and under the supervision of the department when such action is deemed to be necessary; and to hold informal hearings at a time and place designated by the chairman upon reasonable notice to the consumer and the seedsman. Any investigation made by less than the entire membership of the council shall be made by authority of a written directive by the chairman and the investigation shall be summarized in writing and considered by the council in its findings and in making its recommendations. If the council holds an informal hearing to allow each party an opportunity to present their side of the dispute, attorneys may be present at the hearings to confer with their clients. However, no attorney may participate directly in the proceedings. A majority of the six-member council shall constitute a quorum and action by a majority of a quorum shall be the official act of the council. The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. Any court of general jurisdiction in this state may enforce compliance with such subpoenas. The deliberations of the council at which the merits of a seed arbitration claim are under consideration shall not be subject to Section 25-41-1 et seq. The members of the council shall receive no compensation for the performance of their duties but shall be reimbursed for travel expenses in the manner and amount provided in Section 25-3-41, Mississippi Code of 1972. In lieu of a hearing by the council, informal hearings for arbitration may be conducted by an independent arbitrator appointed by the commissioner. The consumer filing a complaint or the seedsmen named in the complaint may request arbitration by an independent arbitrator. When a request is made, both parties shall be notified and consent to arbitration by an independent arbitrator. The commissioner shall appoint the arbitrator from a list of six (6) persons who shall be qualified to conduct arbitration proceedings. The commissioner shall publish the lists of qualified arbitrations every other year. The arbitrator appointed by the commissioner shall conduct all proceedings and hearings as provided in Section 69-3-20 and applicable rules and regulations and shall report the findings and recommendations to the commissioner.

Miss. Code Ann. § 69-3-21 Seizures.

The commissioner may cause to be seized and held any lot of agricultural seed, mixtures of same, vegetable seed, flower seed, or tree and shrub seed found to be in violation of any of the provisions of this article until the law has been complied with and said violation otherwise legally disposed of. The inspectors of the state department of agriculture and commerce shall have power to enforce this section.

Miss. Code Ann. § 69-3-22 Procedure for complaint before council.

As a prerequisite to filing a cause of action in court against a seedsman, a consumer who is damaged by the failure of agricultural, vegetable, flower or forest tree seed to properly produce or perform, as represented by the label or labeling whether related to specific representations on the label, other information on the seed container or conditions attributed to the quality of the seed, shall make a sworn complaint against such seedsman alleging damages sustained. The complaint shall be accompanied by documentation from a recognized professional verifying that there is a connection between the seed and the performance or production problem. The complaint shall be filed with the department and the department shall send a copy of the complaint to the seedsman by certified mail, within such time as to permit inspection of the crops, plants or trees by the seed arbitration council or its representatives and by the seedsman from whom the seed was purchased. Language setting forth the requirement for filing and serving the complaint shall be legibly typed or printed on the seed packages or the analysis label attached to the package containing such seed at the time of purchase by the consumer as follows: “NOTICE: As a prerequisite to maintaining a legal action based upon the failure of seed to which this label is attached to properly produce or perform, as represented by the label or labeling, a consumer shall file a sworn complaint with the Commissioner of Agriculture and Commerce within such time as to permit inspection of the crops, plants or trees.” If language setting forth the requirement is not so placed on the seed package or analysis label, the filing and serving of a complaint under this section is not required. A filing fee of Two Hundred Fifty Dollars ($250.00) shall be paid to the department with each complaint filed. The fee shall be recovered from the dealer upon the recommendation of the arbitration council. Within fifteen (15) days after receipt of a copy of the complaint, the seedsman shall file with the department his answer to the complaint and serve a copy of the answer on the consumer by certified mail. The department shall refer the complaint and the answer to the council for investigation, findings and recommendations on the matters set out in the complaint. Upon receipt of the findings and recommendations of the council, the department shall transmit them to the consumer by certified mail. The consumer and seedsman shall give written notice to the department of the acceptance or rejection of the council’s recommended terms of settlement within thirty (30) calendar days from the date the recommended terms of settlement are issued by the arbitration council.

Miss. Code Ann. § 69-3-23 Repealed.

Repealed by Laws of 1997, ch. 611, § 3, eff from and after July 1, 1997. [Codes, 1892, § 1013; 1906, § 1090; Hemingway’s 1917, § 816; 1930, § 839; 1942, § 2065; Laws, 1882, p. 141]

Miss. Code Ann. § 69-3-25 Penalties.

Any person who violates any provision of this article or the rules and regulations made and promulgated thereunder shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall pay a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.

Miss. Code Ann. § 69-3-27 Disposition of fees.

All fees collected by the Commissioner under this article, except those fees collected under Section 69-3-6, shall be paid to the State Treasurer who shall deposit the fees in the General Fund in the State Treasury.

Miss. Code Ann. § 69-3-29 Administrative procedures; applicability.

Whenever it has been alleged that any person or other entity has violated any of the provisions of this article, or any of the rules or regulations promulgated hereunder, the matter shall be conducted as an administrative proceeding under the terms and conditions of Sections 69-25-51 through 69-25-63, and where found culpable, such person or other entity shall be subject to the administrative and civil penalties provided therein. The procedures described herein shall not apply to seed arbitration claims which are described in Sections 69-3-20 through 69-3-22, as such claims shall be governed by the procedures set forth in those statutes.

Miss. Code Ann. § 69-3-101 Designation of state seed certifying agency.

The Commissioner of Agriculture and Commerce, the president of Mississippi State University of Agriculture and Applied Science, and the director of the agricultural and forestry experimental station of Mississippi State University of Agriculture and Applied Science are hereby vested with the full authority to designate a seed improvement association as the official state seed certifying agency for the State of Mississippi. Said officials are hereby further authorized, if they shall be satisfied at any time that the association acting as the official state seed certifying agency is not functioning in a manner conducive to the best interest of agriculture in this state, to terminate the appointment of such association, and to designate another seed improvement association as the official state seed certifying agency.

Miss. Code Ann. § 69-3-103 Designation of state seed board.

There is hereby created a state seed board composed of the president of Mississippi State University of Agriculture and Applied Science, the director of the agricultural and forestry experiment station of Mississippi State University of Agriculture and Applied Science, the commissioner of agriculture and commerce of Mississippi, two (2) members to be selected and approved by and from the membership of the state certifying agency, one (1) member to be selected and approved by and from the membership of the Mississippi Seedmen’s Association, and one (1) member to be selected and approved by and from the resident concerns and individuals engaged in the production of breeders registered planting seed in the State of Mississippi.

Miss. Code Ann. § 69-3-105 State seed board; financial responsibility.

Neither the state seed board, Mississippi State University of Agriculture and Applied Science, nor any of its divisions so represented shall be financially responsible for debts incurred by, damages inflicted by, or contracts broken by the official state seed certifying agency.

Miss. Code Ann. § 69-3-107 Certification to be self-supporting.

The work of the official state seed certifying agency shall be on a self-supporting basis.

Miss. Code Ann. § 69-3-109 Advertising; tags.

Every person, firm, association or corporation who shall issue, use or circulate any certificate, advertisement, tag, seal, poster, letterhead, marking circular, written or printed representation, or description of or pertaining to seeds, plants or plant parts or other farm products that may be defined by regulations intended for propagation or sale or sold or offered for sale wherein the words “Mississippi Certified,” or Mississippi State Certified, State Certified, or similar words or phrases are used or employed, or wherein are used or employed signs, symbols, maps, diagrams, pictures, words or phrases expressly or impliedly stating or representing that such seeds, plants or plant parts or other farm products comply with or conform to the certification standards or requirements as made by the approved state seed certifying agency of Mississippi, shall be subject to the provisions of this article, provided that this article shall not apply to the certification of plants or plant products for freedom from disease or insects which is now conducted under the authority of the Commissioner of Agriculture and Commerce. Every issuance, use, or circulation of any certificate or any other instrument as in this section above described shall be deemed to be “certification” as this term is employed in this article.

Miss. Code Ann. § 69-3-111 Prohibiting the state seed certifying agency from selling or processing certified seed.

The state seed certifying agency shall not have the power to engage in the sale or processing of seeds, plants or plant parts or other farm products or to designate any agency or individual for these purposes except that the state seed certifying agency may promote the sale of certified seeds in general through advertising.

Miss. Code Ann. § 69-3-113 Rules and regulations.

The duly approved state seed certifying agency is hereby vested with the full authority to establish, create and specify rules and regulations for the designation of seeds, plants and plant parts and other farm products as certified or Mississippi certified to be grown, harvested, offered for sale or distributed. Such rules and regulations shall be approved by the state seed board before becoming effective. No seeds, plants or plant parts or other farm products grown or to be grown in Mississippi shall be eligible for certification hereunder except by full compliance as to standards, requirements and forms of or for certification as may be made by the duly approved state seed certifying agency. No certification within the provisions of this article shall be made or authorized except through the approved state certifying agency as herein provided.

Miss. Code Ann. § 69-3-115 Appeals.

Any person desiring a change in the rules and regulations or to appeal from the action of the state seed certifying agency shall have the right of a hearing either in person or by attorney before a board of appeals composed of the state commissioner of agriculture and commerce, the director of the agricultural and forestry experiment station of Mississippi State University of Agriculture and Applied Science, and the president of Mississippi State University of Agriculture and Applied Science, at such time and place as the board chairman shall designate. The director of the agricultural and forestry experiment station of Mississippi State University of Agriculture and Applied Science shall serve as chairman of the board. The aggrieved party may appeal to the circuit court of the county wherein he may reside and bond shall be given to cover court costs within ten days after rendition of the order of the said board, upon which appeal is made.

Miss. Code Ann. § 69-3-117 Approval required for issuance, use, or circulation of certification.

It shall be unlawful for any person, firm, association or corporation to issue, make, use, or circulate any certification as defined in this article without the authority or approval of the approved state seed certifying agency.

Miss. Code Ann. § 69-3-119 Enforcement of this article.

The Commissioner of Agriculture and Commerce of Mississippi is hereby vested with the responsibility for enforcing the provisions of this article.

Miss. Code Ann. § 69-3-121 Penalties.

Except as otherwise provided in subsection (2) of this section, every person, firm, association or corporation who shall violate any of the provisions of this article pertaining to certification shall be guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not less than $25.00, nor exceeding $500.00, for each offense, and be denied the right to apply for further certification within such period as the court may determine, not exceeding 1 year. Any person who, with the intent to injure, defraud or mislead, shall alter, erase, raise, obliterate, destroy, forge, substitute, disfigure in any manner, or remove from the package, container, wrappings or bale to which it is attached, any certificate, specification, or certification of any seed improvement association organized under the laws of this state, disclosing or in any manner pertaining to the grade, quality, quantity, or condition of any agricultural field seed or seeds or any cotton or cotton lint, shall be guilty of a misdemeanor, and on conviction shall be fined not less than Twenty-five Dollars ($25.00), nor more than Five Hundred Dollars ($500.00), or imprisoned in the county jail for not more than twelve months, or both.