Corpus

MCA Chapter 7

MCA Chapter 7
in effect

Miss. Code Ann. § 69-7-1 Repealed.

Repealed by Laws of 1981, ch. 325, § 1, effective from and after July 1, 1981. § 69-7-1 . [Codes, 1942, § 4434-05; Laws, 1944, ch. 249, § 5; Laws, 1946, ch. 227, § 2] § 69-7-3 . [Codes, 1942, § 4435-14; Laws, 1944, ch. 249, § 14] § 69-7-5 . [Codes, 1942, § 4435-01; Laws, 1944, ch. 249, § 1] § 69-7-7 . [Codes, 1942, § 4435-02; Laws, 1944, ch. 249, § 2; Laws, 1946, ch. 227, § 1] § 69-7-9 . [Codes, 1942, § 4435-11; Laws, 1944, ch. 249, § 11] § 69-7-11 . [Codes, 1942, § 4435-03; Laws, 1944, ch. 249, § 3] § 69-7-13 . [Codes, 1942, § 4435-12; Laws, 1944, ch. 249, § 12] § 69-7-15 . [Codes, 1942, § 4435-09; Laws, 1944, ch. 249, § 9] § 69-7-17 . [Codes, 1942, § 4435-04; Laws, 1944, ch. 249, § 4] § 69-7-19 . [Codes, 1942, § 4435-06; Laws, 1944, ch. 249, § 6; Laws, 1946, ch. 227, § 3] § 69-7-21 . [Codes, 1942, § 4435-07; Laws, 1944, ch. 249, § 7] § 69-7-23 . [Codes, 1942, § 4435-08; Laws, 1944, ch. 249, § 8; Laws, 1946, ch. 227, § 4] § 69-7-25 . [Codes, 1942, § 4435-08.5; Laws, 1950, ch. 307, §§ 1-4] § 69-7-27 . [Codes, 1942, § 4435-13; Laws, 1944, ch. 249, § 13] § 69-7-29 . [Codes, 1942, § 4435-10; Laws, 1944, ch. 249, § 10] Editor’s Notes — Former § 69-7-1 defined agricultural products. Former § 69-7-3 provided that §§ 69-7-1 through 69-7-29 were cumulative and supplemental to other existing laws. Former § 69-7-5 created the state marketing commission. Former § 69-7-7 provided for appointment of members and their term of office on the state marketing commission. Former § 69-7-9 provided for payment of expenses and compensation for members of the state marketing commission. Former § 69-7-11 related to the headquarters and meeting place of the state marketing commission. Former § 69-7-13 pertained to meetings of the state marketing commission. Former § 69-7-15 related to records and reports of the state marketing commission. Former § 69-7-17 contained provisions as to the duties and powers of the state marketing commission. Former § 69-7-19 related to applications for grant of aid to agricultural and co-operative associations. Former § 69-7-21 related to a survey of need required by former § 69-7-19 . Former § 69-7-23 contained provisions for grant of aid. Former § 69-7-25 authorized additional grants of aid. Former § 69-7-27 related to appointment of inspectors to assist the state commissioner of agriculture and commerce in carrying out the provisions of former Article 1. Former § 69-7-29 established a state marketing commission fund.

Miss. Code Ann. § 69-7-101 Central Market Board created.

For the purpose of aiding, establishing and providing proper facilities for the efficient handling of farm and other food products in the interest of farmer, consumer, the general public and the State of Mississippi, and to assist in the disposal and sale of such products, there is hereby created a Mississippi Central Market Board, hereinafter referred to as the “board.”

Miss. Code Ann. § 69-7-103 Members; appointment and term of office.

The board shall consist of the State Commissioner of Agriculture and Commerce, who shall be a member and ex officio chairman thereof, and four other members to be appointed by the Governor, one of whom shall be from each highway commissioner’s district and the fourth member from the state at large, all of whom shall be qualified electors of the State of Mississippi, one of whom shall be a wholesale groceryman dealing in fruits and vegetables, one a retail groceryman dealing in fruits and vegetables, one a farmer growing fruits and/or vegetables, and one a farmer producing poultry and eggs. In making the first appointments, the term of office of the farmer producing poultry and eggs shall be appointed for one year, the retail groceryman dealing in fruits and vegetables shall be appointed for two years, the farmer growing fruits and/or vegetables shall be appointed for three years, and the wholesale groceryman dealing in fruits and vegetables shall be for four years, and each of the successors shall thereafter be appointed for a term of four years. Vacancies on the board shall be filled by the Governor for the unexpired term.

Miss. Code Ann. § 69-7-105 Meetings of the board; compensation of members.

The board shall meet at least once each quarter during the fiscal year and at such other times and places as it may adopt by rule or regulation, and may be called in special session upon notice mailed by the secretary not less than seven (7) days prior to the date of the meeting, but this requirement as to notice may be waived by consent of all members of the board. Three members of the board shall constitute a quorum for the transaction of business, and each member attending any meeting shall receive a per diem as is provided by Section 25-3-69, Mississippi Code of 1972, for each day, or part of a day, for each meeting, and actual expenses incurred attending meetings, except the commissioner of agriculture and commerce who shall receive no compensation for attending meetings. No member of the board shall draw in salary and expenses a sum in excess of Seven Hundred Fifty Dollars ($750.00) in any fiscal year.

Miss. Code Ann. § 69-7-107 Headquarters; organization.

The board shall be domiciled at or near Jackson, Mississippi, and shall hold its first meeting in the office of the State Commissioner of Agriculture and Commerce, within ten days after the members have qualified for office by taking the oath of office as required by the constitution and filing the same in the office of the Secretary of State, for the purpose of organizing the board and adopting such rules and regulations for the future activities hereunder as may be necessary and proper to carry out the terms and provisions of this article.

Miss. Code Ann. § 69-7-109 Powers and duties of the board.

The board shall have the power to: Fix salaries of any authorized employees of the market; Fix rentals and charges for each type of facility constructed in the market, taking into consideration the cost of such facility, the interest and amortization period required, a proper relationship between types of operators in the market, cost of operation, and the need for reasonable reserves, expansion and the like; Make investigations and hold hearings and conferences necessary to formulate and adopt a financial building and operating program for a market and make revisions from time to time; Make rules and regulations which shall govern all such business and all persons and vehicles coming upon the market; Provide and enforce penalties and liquidated damages relative to breaches of such rules and regulations and any contracts entered into; Lease the buildings and facilities to farmers, wholesale dealers and other persons engaged in the wholesale marketing of perishable farm products; Determine and set the hours when the market may open and close during any day or night throughout the year; Plan, build, construct or cause to be built or constructed, or lease any facilities, on the grounds under the control of the Mississippi Central Market Board, that are deemed necessary for the successful operation of a wholesale market for farm products; Rent or lease any necessary property, real or personal, on the grounds under the control of the Mississippi Central Market Board, as may be deemed advisable by the board for the successful operation of the market. However, that before leasing or renting any property for use as a filling station or the sale of similar supplies and accessories, the board shall advertise and receive sealed bids therefor, and shall have the power to reject any and all of such bids, or to accept the highest and best bid made therefor, and the lessee shall erect such buildings and add such facilities as necessary to carry out the provisions of this article at the expense of the lessee in addition to any other monies paid as lease money to said board for the purpose of operating a service station. Such establishment shall not be tax exempt. No filling station shall be leased for a monthly rental less than One Cent (1¢) per gallon for each gallon of gasoline sold. Employ an attorney as prescribed in Section 69-1-14. The said board shall also have full power and authority to rent or lease real property, on the grounds under the control of the Mississippi Central Market Board, not otherwise used, for a period not to exceed twenty-five (25) years to private concerns for the purpose of processing agricultural products, and providing such facilities found necessary by the board to carry out the purposes of this article, and such facilities, structures, buildings, or other improvements erected or placed thereon by private concerns shall be subject to taxation the same as private property, provided, however, that improvements or facilities erected thereon for processing agricultural products shall not be assessed or taxed until five (5) years after completion of construction. The improvements and facilities erected on said leased property shall be liable for ad valorem taxes and shall be assessed and levied against said leasehold separately from the fee of said lands, and upon failure to pay taxes upon same when due, said facilities and improvements shall be sold by the tax collector as other property is sold for the nonpayment of taxes, but only such rights of the lessee under said lease contract shall be so sold. Upon the failure to pay taxes promptly when due on said lease, said board shall have the power to cancel and terminate said lease immediately and shall thereupon be authorized to lease or re-lease same to another private individual or concern as herein provided. The provisions hereof regarding taxation shall not apply to those buildings, structures and facilities erected on said property by the board. The central market board shall maintain or operate local market, after the local board or members of any local market have voted to transfer its activity to the state market board. However, such local market shall be in the sale of produce or farm products, and the central market board shall not be required to assume any outstanding indebtedness in connection with the acquisition of such local market facilities.

Miss. Code Ann. § 69-7-111 State market manager; bond, duties, compensation.

The board is authorized to select an executive officer to be known as the state market manager, who shall have the ability to operate a large business and who shall have a knowledge of the problems of the growers and distributors and have had experience in the marketing of perishable vegetables. It shall be the duty of the state market manager to manage and control such market as may be established hereunder, subject to the supervision of the board, and to employ, subject to the approval of the board, such employees as may be necessary for the efficient and economical operation and maintenance of such market. The state market manager shall receive such salary as may be fixed by the Legislature, and shall devote his entire time and attention to the discharge of his duties as such manager. He shall attend all meetings of the board and be the secretary thereof and keep the minutes thereof, and shall have custody of its books, records, papers and accounts. The state market manager shall, before assuming the duties of his office, enter into a bond in the sum of Ten Thousand Dollars ($10,000.00) payable to the State of Mississippi conditioned upon the faithful performance of his or her duties.

Miss. Code Ann. § 69-7-113 State market manager to keep records and make reports.

The market manager shall keep, or have kept, records of all leases, rentals, sales, and expense items which shall be audited as other state records are audited. And he shall make, or cause to be made, a report of receipts and disbursements and other information pertaining to the operations of the market to each regular session of the Legislature.

Miss. Code Ann. § 69-7-115 Acquisition of facilities, equipment, etc.

The board is hereby authorized subject to the approval of the building commission to acquire by purchase, donation, lease or condemnation, and for and in the name of the State of Mississippi, a suitable site or sites, accessible to highways and railroads and air terminal facilities, and to erect and install thereon such structures, facilities, and equipment as may be necessary for the inspection, grading, standardization, classification, refrigeration, processing and marketing of such products (for both food and feed), within the amount appropriated for such purposes by the Legislature and subject to the approval of the building commission.

Miss. Code Ann. § 69-7-117 Management and disposition of property.

The Mississippi Central Market Board is authorized and empowered to assume jurisdiction of, and to administer any properties that may be acquired by the State of Mississippi for the use and benefit of said Mississippi Central Market Board, located at Prairie, Monroe County, Mississippi, and to administer the affairs of said properties in accordance with the authority conferred on said Mississippi Central Market Board by this article. The Mississippi Central Market Board is hereby authorized and empowered to lease, or rent, to any corporation, individual, partnership, municipality, county or political subdivision thereof, any part of the property under their jurisdiction, or which may hereafter come under their jurisdiction, located at Prairie, Monroe County, Mississippi, that cannot be used for the purposes as set forth in this article. The funds derived from any lease, or rental contract entered into under authority of this section shall be placed in the state treasury to the credit of the general fund of the state. The Mississippi Central Market Board shall not enter into any lease, or rental contract under authority of this section, until such lease, or rental contract has first been approved by the Agricultural and Industrial Board, and their approval of same entered upon their minutes.

Miss. Code Ann. § 69-7-119 Limitation on powers of board.

The board shall not have the power to: acquire, construct, maintain or operate any market or facility which is not operated primarily for the purpose of purchasing and selling at wholesale; engage in the purchase or sale of farm produce, except the leasing as a grower or produce dealer of a stall or store upon the market and such transactions as are ordinarily incidental thereto and at the same rental as like businesses pay.

Miss. Code Ann. § 69-7-121 Central market fund.

All funds collected under this article shall be deposited in the State Treasury to the credit of Central Market Fund and shall be used solely for payment of the expenses of operation and maintenance of such market and facilities including the acquisition, leasing, maintenance and operation of local farm market facilities located at other points in the State of Mississippi as provided for herein, and for the employment of such production and marketing personnel as will, in the discretion of the Central Market Board, more effectively promote the operation of such market, on warrants issued according to law pursuant to payment vouchers signed by the chairman or his designee.

Miss. Code Ann. § 69-7-201 What constitutes “doing business”; resident agent; service of process.

For the purposes of this article, every person, firm, corporation, association or other legal entity who is engaged in hatching baby chicks and ratites, including baby ostrich, emu and rhea, for sale, distribution or under contract, either oral or written, for the production of ostrich, emu, rhea, broilers, laying hens, roosters or eggs, and every person, firm, partnership, corporation, association, or other legal entity, who procures the production of ostrich, emu, rhea, broilers, laying hens, roosters or eggs for sale, distribution or processing by contract with others, either oral or written, shall be considered “doing business” within the State of Mississippi, and every person, firm, corporation, association or other legal entity that is a nonresident of this state and who desires to “do business” within this state as covered by this article shall, as a condition precedent to obtaining a license hereunder, appoint or designate a resident of the State of Mississippi as agent for the service of process and shall file such appointment or designation with the Secretary of State. Thereafter, the service of summons upon the agent appointed or designated shall be sufficient to give the courts of this state jurisdiction of any cause of action arising under the terms of this article. Any person, firm, partnership, corporation, association or other legal entity who “does business” under the provisions of this article, whether under a license or otherwise, without appointing or designating an agent as herein required shall be deemed to have appointed the Secretary of State as such agent and may be proceeded against in courts of this state by service of process upon the Secretary of State.

Miss. Code Ann. § 69-7-203 License required; fees; renewals.

Every person, firm, partnership, association, corporation, or other legal entity in this state, engaged in the business of operating an incubator, or incubators, for hatching baby chicks and ratites, including baby ostrich, emu and rhea, for sale, distribution or under contract, either oral or written, for the production of ostrich, emu, rhea, broilers, laying hens, roosters or eggs for sale, distribution or processing by contract with others, either oral or written, is required to obtain a license to engage in such business from the Commissioner of Agriculture and Commerce of the State of Mississippi. The Commissioner of Agriculture and Commerce shall charge a fee of Five Dollars ($5.00) for such license and a like fee of Five Dollars ($5.00) for the renewal thereof, which license must be renewed annually on or before July 1 of each succeeding year. The fees charged for the license shall be paid by the commissioner to the State Treasurer, who shall deposit the same in the General Fund in the State Treasury. Strict accounting of all fees charged hereunder shall be made by the commissioner. Nothing in this article shall be construed to require any person, firm, partnership, corporation, association, or other legal entity, who may be engaged in the businesses covered by this article wholly for themselves, or any person, firm, partnership, corporation, association, or other legal entity, who purchases his own flocks and becomes wholly responsible for the growing and feeding thereof, to obtain a license hereunder.

Miss. Code Ann. § 69-7-205 Issuance and renewal or refusal of license.

The commissioner of agriculture and commerce is hereby authorized, empowered and directed to promulgate proper rules and regulations for the issuance of the license and for the renewal thereof, and for the preparation of the proper forms to be used, and the commissioner shall, to the best of his ability, inquire into the financial responsibility of every applicant for license and shall diligently endeavor to determine such applicants’ business reputation. Should the investigation made by the commissioner indicate insolvency of the applicant and such applicant is unable to establish the proof of his financial responsibility by furnishing proper credit references and financial statements, he may furnish to the commissioner copies of any contracts he may have with other allied and related businesses that would justify the commissioner in issuing the license. Otherwise, the commissioner shall not issue the license to any person who cannot reasonably establish his financial responsibility to carry out any contract he may propose to enter into.

Miss. Code Ann. § 69-7-207 Application for license.

The Commissioner of Agriculture and Commerce shall prescribe and furnish the necessary and proper forms for an application for a license required by Section 69-7-203, and such application form must be signed by the applicant, under oath, as to the correctness of the information furnished therein. Any applicant who shall knowingly furnish any false or fraudulent information for the purpose of obtaining a license hereunder, when such application has been duly and properly signed under oath, shall be guilty of perjury and subject to the penalties therefor.

Miss. Code Ann. § 69-7-209 Appeal from refusal to grant license.

Any person feeling aggrieved with the decision of the commissioner of agriculture and commerce in refusing to grant a license hereunder shall have recourse by an appeal to the chancery court of Hinds County, Mississippi, by petition filed within thirty days from the date of final refusal to issue such license. The chancery court of Hinds County shall have and it is hereby given full jurisdiction of such appeal and it may enter any appropriate orders therein in term time or in vacation.

Miss. Code Ann. § 69-7-211 Injunctions.

Should any person continue to operate such business without having complied with the provisions of this article, the commissioner of agriculture and commerce is authorized to file petition for an injunction in the chancery court of the district where the violator may reside, or in the district where the violation occurred. The chancery court shall have and it is hereby given full jurisdiction to hear and determine the petition and enter any and all appropriate orders in term time and in vacation.

Miss. Code Ann. § 69-7-213 Penalties.

Any person who continues the operation of any of the businesses for which a license is required under the provisions of this article, without having complied with the provisions hereof, shall be guilty of a misdemeanor and shall be subject to a fine of not to exceed Five Hundred Dollars ($500.00).

Miss. Code Ann. § 69-7-251 Definitions.

As used in this article, the terms defined in this section shall have the meanings herein given to them, except where the context expressly indicates otherwise: “Board” means the Mississippi Egg Marketing Board. “Person” means every person, partnership, firm, company, association, corporation or legal entity engaged in the production or sale of eggs in the state. “Eggs” means pullet and hen eggs only. “Handler” and “dealer” means any person engaged within the state as a wholesale distributor in the business of distributing eggs in Mississippi regardless of where the eggs are produced. “Producer” means any person engaged in the business of producing eggs in Mississippi, either as an owner or as an officer or stockholder of a business engaged in producing eggs in Mississippi, or any person deriving a profit from such a business. “Ship” or “shipping” means to move or cause to move eggs in intrastate or interstate or foreign commerce by rail, truck, boat, airplane or any other means. “Shipper” means any person engaged in shipping or causing to be shipped eggs in intrastate or interstate or foreign commerce, whether owner, agent or otherwise. “Case” means a standard case of thirty (30) dozen eggs.

Miss. Code Ann. § 69-7-253 Board continued; membership; terms; vacancies.

There is hereby continued the Mississippi Egg Marketing Board with domicile at the capital city of the state. The board shall be composed of five (5) members: one (1) member shall be the Commissioner of Agriculture and Commerce as ex officio member. One (1) member shall be an egg producer as defined in this article. Three (3) members shall be employed by or associated with egg industry related businesses, or disciplines which include poultry support, marketing, promotion, home economist, extension poultry science agencies and the Mississippi Department of Agriculture and Commerce. No more than one (1) industry-related business or discipline member shall be employed by, associated with or have a financial interest in the same company or subsidiary. The Governor shall appoint the members from a list provided by the board based upon a poll of its members. The terms shall be for six (6) years. Each member shall serve, after the completion of his term, until his successor is appointed and duly qualified. Each vacancy shall be filled by appointment for the unexpired term. The terms of office of persons appointed under the original act shall continue until the expiration of the terms to which they were appointed, the intent of this article being to continue the Mississippi Egg Marketing Board.

Miss. Code Ann. § 69-7-255 Quorum; oath; compensation; board a body corporate; powers.

A majority of the members of the board shall constitute a quorum for the transaction of all business and the carrying out of the duties of the board. Each member shall subscribe to the oath of office prescribed for state officers. No member shall receive any salary, but each member shall receive per diem compensation as authorized in Section 25-3-69, and shall be reimbursed for expenses in the manner and amount specified in Section 25-3-41. The Mississippi Egg Marketing Board shall be and is hereby declared and created a corporate body. The board shall have the power to contract and be contracted with, and shall have and possess all the powers of a body corporate for all purposes necessary for fully carrying out the provisions of this article. The board shall adopt a corporate seal by which it shall authenticate its proceedings. Copies of the proceedings, records and acts of the board and certificates purporting to relate the facts concerning such proceedings, records and acts signed by the chairman of the board and authenticated by said seal shall be prima facie evidence thereof in all the courts of the state.

Miss. Code Ann. § 69-7-257 Administration of article; rules and regulations.

Except for the collections of the proceeds of the assessment levied hereunder, which shall be collected by the Commissioner of Agriculture and Commerce, the administration of this article shall be vested in the Mississippi Egg Marketing Board. The board shall prescribe reasonable rules and regulations for the enforcement of the provisions of this article.

Miss. Code Ann. § 69-7-259 General powers and duties of board.

The powers and duties of the board shall include, but be not limited to, the following: To elect a chairman and vice chairman and, from time to time, such other officers as it may deem advisable, and when necessary, to alter, rescind, modify or amend the rules and regulations necessary for the exercise of its powers and the performance of its duties. Such rules and regulations shall have the force and effect of law when not inconsistent therewith. Employ such personnel as it deems necessary to carry out the purposes of this article, and to fix and pay the salaries thereof, including technical and professional services on a fee basis when necessary. Make such advertising contracts and other agreements as it deems appropriate, including, particularly, cooperative agreements with other advertisers of similar allied products. Make cooperative agreements with the Mississippi Department of Agriculture and Commerce and the Research and Marketing Administration of the United States Department of Agriculture and other associations, public or private, for conducting consumer and producer and dealer information as to the food value of eggs, and also for instruction on grades and packs and how to evaluate their merits in order to expand the market for Mississippi produced eggs. The board may use as much of its funds as it deems necessary for matching moneys available from the Research and Marketing Administration of the United States Department of Agriculture or of any agencies of the state or political subdivision thereof. Keep books, records and accounts of all its proceedings, which shall be open to inspection and audit by the State Auditor at all times. To purchase or authorize the purchase of all office equipment and supplies and to incur all other reasonable and necessary expenses and obligations necessary to carry out the purposes of this article. Investigate and cause to be prosecuted any violators of this article. Suspend, revoke or take other disciplinary action involving the licenses issued under the provisions of this article.

Miss. Code Ann. § 69-7-261 Commodity advertising, publicity, consumer information and sales promotion.

The board shall plan and conduct campaigns for commodity advertising, publicity, consumer information and sales promotion to increase consumption of eggs and may contract for any advertising, publicity, consumer information and sales promotion services. To accomplish such purposes, the board shall have power and it shall be the duty of the board to disseminate information: Relating to eggs and the importance thereof in the diet of the people in preserving public health, economy thereof and the importance of eggs in the nutrition of children. On the various economic aspects relating to the business of producing and marketing eggs in Mississippi. To decide upon some distinctive and suggestive emblem for Mississippi produced eggs, and to promote the use of same in the advertisement of Mississippi eggs.

Miss. Code Ann. § 69-7-263 Assessment on eggs; costs of inspections; utilization of proceeds of assessment.

There is hereby imposed and levied an assessment at a rate not to exceed Three Cents (3¢) per case on all eggs produced in Mississippi wherever distributed or marketed and on all eggs marketed in Mississippi wherever distributed or produced. The rate of assessment shall be determined by the board. At the time of the sale, the egg producer shall provide evidence that all assessments provided herein have been paid. However, if the first sale of the eggs is made to a dealer or distributor, the producer shall pay to the dealer or the distributor the amount of the assessment owed; whereupon the dealer or distributor to whom such payment is made shall remit the assessment to the Commissioner of Agriculture and Commerce in accordance with the rules and regulations established and promulgated by the board. The board or the commissioner shall have the power to cause any duly authorized agent or representative to enter upon the premises of any dealer or handler of eggs and examine, or cause to be examined by such agent, any books, papers and records which deal in any way with respect to the payment of the assessment or enforcement of the provisions of this article. All costs incurred by the board or the commissioner in examining or causing the examination of such books, papers and records shall be taxed against the dealer or handler. Cost shall be assessed at the rate of One Hundred Dollars ($100.00) per day or fraction thereof for each agent conducting the examination. Travel expenses shall be assessed in the manner and amount specified in Section 25-3-41, and other expenses shall be assessed at actual cost. All costs taxed against a dealer or handler for the examination of books, papers and records shall be paid within fifteen (15) days from the date such notice of cost is mailed to the dealer or handler. The proceeds of the assessment levied under this article shall be collected by the Commissioner of Agriculture and Commerce in such manner and method as shall be prescribed by him in accordance with the provisions of this article. The funds derived from the assessment shall be paid into the State Treasury on or before the fifteenth day of each month and shall be deposited in a special fund in the State Treasury, which shall be established by the State Treasurer to the credit of the Mississippi Egg Marketing Board, and such funds shall be used by the board solely for the administration of this article. All costs, expenses and obligations incurred by the board for its operation and carrying out the purposes of this article shall be paid out of the special fund herein provided for after expenditures thereof shall have been authorized by the Legislature. Provided further, that the Mississippi Egg Marketing Board shall render to the Mississippi Legislature a detailed annual report of all collections and expenditures of the moneys collected under the provisions of this article. Any egg producer may request and receive a refund of the amount of assessment paid for the previous reporting period, provided he makes a written application with the Mississippi Egg Marketing Board within sixty (60) days from date of payment supported by bona fide copy of payment voucher and copy of canceled check. The application forms shall be prepared by the board and shall be available at the request of the producer. All such applications shall be processed and refunds paid within sixty (60) days after the funds have been received by the board.

Miss. Code Ann. § 69-7-265 Records and reports of dealers and handlers.

Every dealer or handler shall keep a complete and accurate record of all eggs handled by him. Such records shall be in such form and contain such other information as the board shall, by rule or regulation, prescribe. The records shall be preserved by said dealers or handlers for a period of one (1) year and shall be offered for inspection at any time upon oral or written demand by the board, the Commissioner of Agriculture and Commerce, or any duly authorized agent or representative of either. Every dealer or handler, at such time or times as the board or the Commissioner of Agriculture and Commerce may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed under this article.

Miss. Code Ann. § 69-7-267 Licenses.

Every person owning over three thousand (3,000) hens, or who is engaged or who engages in the business of selling eggs to a retailer who retails eggs in the State of Mississippi shall prior to offering for sale or selling eggs to a retailer, secure a license for such business from the Commissioner of Agriculture and Commerce, which license shall first be approved by the board. Applications for licenses shall be on forms furnished by the Department of Agriculture and Commerce, and shall show the name and address of the applicant and such other information as to identity, kind and type of business engaged in as the commissioner shall deem pertinent. Each license application shall be accompanied by a fee of Fifty Dollars ($50.00). All licenses issued shall expire on June 30 each year. The license may be revoked or suspended by the board for violation of any provision of this article or rules and regulations duly promulgated by the board for the enforcement of this article, or for the violation of any laws of the State of Mississippi pertaining to producing, grading, classifying or marketing eggs in Mississippi or regulations of the State Department of Agriculture and Commerce duly promulgated for such purposes. For the first offense, the license may be suspended for a period of not more than thirty (30) days; for the second offense, the license may be suspended for not more than sixty (60) days; for the third offense, the license may be suspended for not more than one (1) year. For any subsequent offense, the license may be suspended for any period, or may be revoked. Such disciplinary action shall be the result of not less than board action. Any person against whom such disciplinary action has been taken may apply to the board for a hearing in order to show cause why the disciplinary action shall not be taken. Such petition for a hearing shall act as supersedeas of the disciplinary action until such time as the board shall give the applicant an opportunity for a hearing; provided, however, that if such hearing is granted and any continuation or delay is the result of the action of the applicant, the supersedeas shall not continue past the date set by the board for such hearing. Application for reinstatement of a revoked license may be made upon expiration of the period of revocation or if permanently revoked, then after twelve (12) months from date of said revocation. Each reinstatement application shall be accompanied by a reinstatement fee of Fifty Dollars ($50.00). All licenses shall be valid until suspended or revoked as herein provided or until cancelled by the licensee. Licenses shall not be transferable. Proceeds from the license fees collected under this article shall be transmitted to the State Treasurer for credit to the special fund as provided for elsewhere in this article.

Miss. Code Ann. § 69-7-269 Producers prohibited from distributing eggs on which assessment not paid; payment of assessment by dealer.

No egg producer with over three thousand (3,000) hens nor any egg handler or dealer shall sell or offer for sale any lot of eggs produced, distributed or marketed in Mississippi upon which the assessment imposed herein has not been paid. The assessment imposed herein shall be paid at such time or times as is fixed by the board. In the event such assessment is paid by any dealer who is not a producer, the dealer may bill the producer of such eggs in the amount of the assessment paid by him.

Miss. Code Ann. § 69-7-271 Civil penalties.

Any dealer or handler who fails to file a report or to pay any assessment within the time required by the board shall forfeit to the commissioner a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) of such amount for each month of delay or fraction thereof after the first month after such report was required to be filed or such assessment became due. The commissioner, if satisfied that the delay was excusable, may remit all or any part of such penalty. The penalty shall be paid to the commissioner and shall be disposed of by him in the same manner as funds derived from the payment of the assessment imposed herein. The commissioner shall collect the penalties levied herein, together with the delinquent assessment, by any or all of the following methods: By voluntary payment by the person liable; By legal proceedings instituted in a court of competent jurisdiction; By injunctive relief to enjoin any dealer or handler or other person owing such assessment and/or penalties from operating his business or engaging in business as a dealer or handler of eggs until the delinquent assessment and/or penalties are paid.

Miss. Code Ann. § 69-7-273 Criminal penalties.

Any person required to pay the assessment provided for in this article who refuses to allow full inspection of the premises, or any books, records or other documents relating to the liability of such person for the assessment herein imposed, or who shall hinder or in any way delay or prevent such inspection, or who shall fail or refuse to properly and timely pay all costs incurred by the board or the commissioner in conducting such examinations, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not to exceed one (1) year, or both. Whoever violates any other provision of this article or any rule or regulation of the board pursuant thereto shall be guilty of a misdemeanor. Upon conviction of a first offense, he shall be punished by a fine not to exceed One Hundred Dollars ($100.00); upon a second offense, a fine not to exceed Five Hundred Dollars ($500.00); and upon a third or subsequent offense, a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment in the county jail not to exceed thirty (30) days, or both.

Miss. Code Ann. § 69-7-275 Application.

The provisions of this article shall not apply to any egg producer who has less than three thousand (3,000) laying hens, nor to any eggs produced and also used for hatching purposes, nor eggs produced or purchased for further processing by egg breaking plants. For the purposes of this article, anyone not the owner of the chickens or eggs who performs the services of caring for the chickens, gathering the eggs and related services for a contractor or employer, and who does not otherwise engage in distribution or sale of such eggs, shall be excepted from the provisions of this article, shall not be considered as a “producer” as defined herein, and shall not be liable for any assessments provided herein.

Miss. Code Ann. § 69-7-277 Repealed.

Repealed by Laws of 1996, ch. 475, § 14, eff from and after July 1, 1996. [En Laws, 1991, ch. 331, § 15, eff from and after July 1, 1991]

Miss. Code Ann. § 69-7-301 Repealed.

Repealed by Laws of 1972, ch. 532, § 12, eff from and after July 1, 1972. § 69-7-301 . [Codes, 1942, § 4435-30.19; Laws, 1966, ch. 223, § 9] § 69-7-303 . [Codes, 1942, § 4435-30.11; Laws, 1966, ch. 233, § 1] § 69-7-305 . [Codes, 1942, § 4435-30.12; Laws, 1966, ch. 223, § 2] § 69-7-307 . [Codes, 1942, § 4435-30.13; Laws, 1966, ch. 223, § 3] § 69-7-309 . [Codes, 1942, § 4435-30.14; Laws, 1966, ch. 223, § 4] § 69-7-311 . [Codes, 1942, § 4435-30.16; Laws, 1966, ch. 223, § 6] § 69-7-313 . [Codes, 1942, § 4435-30.17; Laws, 1966, ch. 223, § 7] § 69-7-315 . [Codes, 1942, § 4435-30.18; Laws, 1966, ch. 223, § 8] § 69-7-317 . [Codes, 1942, § 4435-30.15; Laws, 1966, ch. 223, § 5] § 69-7-319 . [Codes, 1942, § 4435-30.20; Laws, 1966, ch. 223, § 10] Editor’s Notes — Former § 69-7-301 exempted producers selling their own production from the provisions of this article. Comparable provisions now appear in § 69-7-321 . Former § 69-7-303 prescribed minimum requirements for eggs offered for sale. Comparable provisions now appear in § 69-7-323 . Former § 69-7-305 related to the weight and size requirements for eggs. Comparable provisions now appear in § 69-7-325 . Former § 69-7-307 required egg marketing containers to describe contents thereof. Comparable provisions now appear in § 69-7-327 . Former § 69-7-309 related to marketing agents, maintenance of egg handling facilities, and the effect of failure to keep facilities in proper working order. Comparable provisions now appear in § 69-7-329 . Former § 69-7-311 authorized the commissioner of agriculture and commerce and his agents to enter premises where eggs were stored. Comparable provisions now appear in § 69-7-331 . Former § 69-7-313 empowered the commissioner of agriculture and commerce to enforce provisions of former §§ 69-7-301 through 69-7-319 . For current powers are to enforcement of provisions, see §§ 69-7-333 . Former § 69-7-315 authorized the commissioner of agriculture and commerce to issue regulations. Comparable provisions now appear in § 69-7-335 . Former § 69-7-317 authorized the commissioner of agriculture and commerce to issue “stop sale order”. Comparable provisions now appear in § 69-7-337 . Former § 69-7-319 related to penalties for violating provisions of former §§ 69-7-301 through 69-7-317 . For current provisions applicable to §§ 69-7-321 et seq., see § 69-7-339 .

Miss. Code Ann. § 69-7-321 Producers selling own production exempt from article; exemptions under federal “Eggs Products Inspection Act”.

Producers selling eggs of their own production, when offered on their own premises, or selling less than six (6) dozen eggs per week, are exempt from the provisions of this article. All eggs, egg products, egg handlers and egg producers which are exempt under the provisions of U. S. Public Law 91-597, commonly referred to as the “Egg Products Inspection Act”, or the regulations pertaining thereto, shall likewise be exempt from the provisions of this article to the same extent that such eggs, egg products, egg handlers, and egg producers are exempt from said Public Law 91-597 and the regulations pertaining thereto. The name and address of the producer, packer or distributor shall appear on the container.

Miss. Code Ann. § 69-7-323 Minimum requirements for eggs offered for sale.

No person, firm, organization or corporation shall sell, offer for sale, or advertise for sale shell eggs that do not meet the minimum requirements for U. S. Consumer Grade AA, Grade A, or Grade B. Any change in the U. S. standards of quality for individual eggs made by the U. S. Department of Agriculture not conforming to the above designated standards shall be adopted in lieu of the above designated standards.

Miss. Code Ann. § 69-7-325 Weight and size requirements of eggs.

The net weight and size requirements that are now or may hereafter be established by the U. S. Department of Agriculture for shell eggs shall apply to all eggs sold, offered for sale or advertised for sale by any person, firm, organization or corporation. The grade and size shall appear in all advertisements.

Miss. Code Ann. § 69-7-327 Egg marketing containers to describe contents.

Any container or subcontainer in which eggs are marketed to consumers shall bear on the outside portion of the container, but shall not be limited to, the following: The applicable consumer grade provided for in this article. The applicable size or weight class provided for in this article. The word “eggs.” The numerical count of the contents. The name and address of the producer, packer or distributor. The date the eggs were graded applied legibly to the carton or on the tape used to seal the carton. Such date shall be expressed as the consecutive day of the year. The words “keep refrigerated” or words of similar meaning. Words and numerals used to designate the grade and size shall be in clearly legible bold-faced type at least three-eighths (3/8) inch in height. Any person intending to reuse a carton shall obscure any inappropriate labeling thereon and relabel the carton in accordance with this section prior to refilling the carton with eggs.

Miss. Code Ann. § 69-7-329 Marketing agents; maintenance of egg handling facilities.

Any person, business, cooperative, partnership, corporation or the like engaged in the marketing, processing, transporting, storing, displaying for sale or selling of eggs shall, in addition to maintaining all such egg handling facilities in a manner commensurate with laws governing food establishments, keep the eggs at an ambient temperature no greater than forty-five (45) degrees Fahrenheit.

Miss. Code Ann. § 69-7-331 Commissioner of Agriculture and Commerce and his agents authorized to enter premises where eggs are sold.

In carrying out the provisions of this article, the Commissioner of Agriculture and Commerce, his employees or agents are authorized to enter, on any business day, during the usual hours of business, any store, market or any other building or place where eggs are sold or offered for sale and to make such examination as is necessary to determine the quality and size of eggs sold or offered for sale.

Miss. Code Ann. § 69-7-333 Commissioner of Agriculture and Commerce to enforce article.

The powers of enforcement of this article shall be vested in the Commissioner of Agriculture and Commerce of the State of Mississippi.

Miss. Code Ann. § 69-7-335 Commissioner of Agriculture and Commerce to promulgate regulations.

The Commissioner of Agriculture and Commerce of Mississippi is authorized to make and promulgate such regulations as may be necessary to carry out the provisions of this article.

Miss. Code Ann. § 69-7-337 Commissioner of Agriculture and Commerce may issue “stop sale order.”

If an authorized representative of the Commissioner of Agriculture and Commerce shall determine, after inspection, that any lot of eggs is in violation of this article, he may issue a “stop sale order” as to such lot or lots of eggs and forthwith notify the owner or custodian of such eggs. Such order shall specify the reason for its issuance. A stop sale order shall prohibit the further marketing of the eggs subject to it until such eggs are released by the Commissioner of Agriculture and Commerce or his duly authorized agent.

Miss. Code Ann. § 69-7-339 Penalties for violations.

Every person, firm, corporation or organization who by himself or itself, or by his or its agents or employees violates any of the provisions of this article, or the regulations made under this article for carrying out its provisions, or who fails or refuses to comply with any of the requirements of this article, or who willfully interferes with the Commissioner of Agriculture and Commerce, his employees or agents in the carrying out of his duties prescribed in this article, shall for each offense be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding Twenty-five Dollars ($25.00) nor less than Five Dollars ($5.00) for the first offense, not exceeding Fifty Dollars ($50.00) nor less than Twenty-five Dollars ($25.00) for the second, nor exceeding Two Hundred Dollars ($200.00) nor less than One Hundred Dollars ($100.00) for the third and all following offenses, and all costs for each and every offense.

Miss. Code Ann. § 69-7-401 Marketing committee and districts.

A committee is hereby created to consist of seven members, four of whom shall be producers of vegetables and three of whom shall be handlers of vegetables, to be nominated and appointed as herein provided, from the following described districts: District No. 1 shall be composed of Beat No. 5 of Copiah County and all of Simpson County and shall be represented by two producers and one handler. District No. 2 shall be composed of Beats No. 1, No. 2 and No. 3 of Copiah County and all of the counties of Jefferson, Lincoln and Lawrence, and shall be represented by one producer and one handler. District No. 3 shall be composed of Beat No. 4 of Copiah County and all of the counties of Hinds, Rankin and Claiborne, and shall be represented by one producer and one handler. On or before March fifteenth of each year, the committee then serving shall call meetings and select a committee as herein authorized, the members of which shall serve for a period of one year beginning April first of each year, or until their successors have been appointed. A vacancy from any cause shall be filled in the same manner. Members shall serve without compensation.

Miss. Code Ann. § 69-7-403 Additional districts and committee.

A committee is hereby created to consist of nine members, six of whom shall be producers of fruits or vegetables and three of whom shall be handlers of fruits or vegetables, to be nominated and appointed as herein provided, from the following described districts: District No. 1 shall be composed of Lamar County and shall be represented by one producer. District No. 2 shall be composed of Stone County and shall be represented by one producer. District No. 3 shall be composed of Perry County and shall be represented by one producer. District No. 4 shall be composed of Jefferson Davis County and shall be represented by one producer. District No. 5 shall be composed of Covington County and shall be represented by one producer. District No. 6 shall be composed of a combination of all of the above named counties, and shall be represented by four handlers selected from the counties at large. Committee members provided for in this section shall be chosen at meetings of growers or shippers held prior to March 15th of each year, such meetings to be called by the committee then serving. Members shall serve for a period of one year beginning April 1st, each year and shall serve without compensation. Any vacancy shall be filled in the same manner as the selection of a member.

Miss. Code Ann. § 69-7-405 Regulation of marketing.

Whenever either the committee created by Section 69-7-401 or the committee created by Section 69-7-403 deems it advisable to regulate the marketing of fresh vegetables in any manner considered by them to be helpful to the industry during any specified period, it may so recommend in writing to the commissioner of agriculture and commerce. At the time of submitting such recommendations the committee shall furnish to the commissioner of agriculture and commerce all pertinent data and information upon which it acted in making such recommendations, along with such other data and information as the commissioner of agriculture and commerce may request. Based upon the recommendation of the committee created for the districts under consideration and upon the information submitted in connection therewith, and upon other available data, the commissioner of agriculture and commerce may regulate the marketing of fresh vegetables produced in the area defined by this article, for any specified period, by regulating the handling of any vegetable produced in the districts defined in Section 69-7-401 or Section 69-7-403 in one or more of the following manners: By prohibiting unfair methods of competition and unfair trade practices in the purchase or sale thereof. By limiting the grade, size, and maturity of any vegetable which each handler may purchase from or handle on behalf of any and all producers thereof during any specified period or periods. Providing that any vegetable or any grade, size or quality thereof shall be purchased or sold or offered for sale by the handlers thereof only at prices filed by such handlers in the manner provided in such regulation. Providing for the regulating of the handling of any vegetable in the same manner and for the same period in effect under any federal marketing agreement. Specifying standard containers which may be used in the purchase or sale of any vegetables. Requiring that all containers used in the sale of any vegetable shall be plainly marked with the grade and size of the contents therein. With respect to the districts defined in Section 69-7-401, in order to provide proper maturity requiring that no vegetable may be sold prior to a date fixed in the regulation without permission from the commissioner of agriculture and commerce. With respect to the districts defined in Section 69-7-403, in order to provide proper maturity requiring that no vegetable may be sold prior to a date fixed in the regulation. The commissioner of agriculture and commerce shall immediately make publication for the issuance of any such regulations.

Miss. Code Ann. § 69-7-407 Commissioner of Agriculture and Commerce to enforce regulations.

The Commissioner of Agriculture and Commerce shall have authority and police power to enforce any and all regulations issued pursuant thereto.

Miss. Code Ann. § 69-7-409 Penalties.

Every person, who by themselves, their agents or employees, violates any of the provisions of this article or any regulations issued under the provisions of this article shall for each offense be deemed guilty of a misdemeanor, and shall upon conviction thereof, be punished by a fine not exceeding $25.00, nor less than $5.00 or 30 days in jail for the first offense; not exceeding $50.00 nor less than $40.00 or 60 days in jail for the second offense; not exceeding $200.00 nor less than $100.00 or 90 days in jail or both for the third and all following offenses, and all costs for each and every offense.

Miss. Code Ann. § 69-7-501 Definitions.

In recognition of the fact that domestic fish farming has become an important part of the agricultural economy of this state, the Legislature hereby determines and declares that whenever any of the statutes, laws, or regulations promulgated pursuant thereto, shall use any of the following terms, such terms so used and when used, shall be deemed and construed to include within the common or statutory definition thereof, the following: The term “agriculture” or “agricultural pursuit” or any similar term shall include the cultivation, growing, harvesting and/or marketing of domesticated fish. The term “cultivated crop” shall include domesticated fish which are grown, managed or harvested on an annual, semiannual, biennial or short interval basis. The term “livestock” shall include domesticated fish which are grown, managed, harvested and/or marketed as a cultivated crop. The term “domesticated fish” shall be understood to mean any fish that are spawned and grown, managed, harvested and marketed on an annual, semiannual, biennial or short term basis, in privately owned waters.

Miss. Code Ann. § 69-7-503 Construction of article.

This article shall not be construed to permit the sale of any fish prohibited from being sold by law, but shall be supplementary thereto.

Miss. Code Ann. § 69-7-602 Legislative findings.

The Legislature finds that aquaculture sales and consumption have increased worldwide and that the use of antibiotics or chemicals not approved for use in food-producing animals in the United States is permitted in aquaculture in other countries and that consumers of aquaculture in Mississippi should be provided clear information as to where the aquaculture product originates from to protect the health and welfare of Mississippi consumers; and the Legislature also finds that food-misrepresentation or the passing off of less expensive aquaculture products as pricier aquaculture products to unknowing customers and retailers has become an issue in the marketplace and is a deceitful practice used on consumers and retailers alike and that consumers and retailers should be informed of the country and species of fish.

Miss. Code Ann. § 69-7-605 Definitions.

For purposes of this article, the following terms shall have the meaning ascribed herein unless the context otherwise requires: “Capable of use as human food” means and shall apply to any catfish or part or product thereof unless it is denatured or otherwise identified as required by regulations prescribed by the commissioner to deter its use as human food, or unless it is naturally inedible by humans. “Catfish” means any species within the family Ictaluridae. “Commissioner” means the Commissioner of Agriculture and Commerce of the State of Mississippi. “Direct retail sale” means the sale of catfish products individually or in small quantities directly to the consumer. “Distributor” means any person offering for sale, exchange or barter any catfish product destined for direct retail sale in the State of Mississippi. “Farm-raised Catfish” means the catfish product has been specifically produced in fresh water according to the usual and customary techniques of commercial aquaculture and includes fillets, steaks, nuggets and any other flesh from a “Farm-raised Catfish.” “Fish” means species of fish similar to catfish in the families of Siluridae, Clariidae and Pangasiidae. “Food service establishment” means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge or other similar facility operated as an enterprise engaged in the business of selling food to the public. “Label” means a display of written, printed or graphic matter upon or affixed to the container in which a catfish product is offered for direct retail sale. “Labeling” means all labels and other written, printed or graphic matter upon a catfish product, or any of its containers or wrappers, offered for direct retail sale. “Menu” means any listing of food and beverage options for a diner or customer to select from regardless of its form. “Pay pond” means a circumscribed body of water owned by a person and operated solely for recreational fishing purposes on a commercial basis for profit. “Person” includes any individual, partnership, corporation and association or other legal entity. “Processor” means any person engaged in handling, storing, preparing, manufacturing, packing or holding catfish products. “Producer” means any person engaged in the business of harvesting catfish, by any method, intended for direct retail sale. “Product” means any catfish product capable of use as human food which is made wholly or in part from any catfish or portion thereof, except products which contain catfish only in small proportions or historically have not been, in the judgment of the commissioner, considered by consumers as products of the United States commercial catfish industry and which are exempted from definition as a catfish product by the commissioner under such conditions as he may prescribe to assure that the catfish or portions thereof contained therein are not adulterated and that such products are not represented as catfish products. “Product name” means the name of the catfish item intended for retail sale which identifies it as to kind, class or specific use. “Retailer” means any person offering for sale catfish products to individual consumers and representing the last sale prior to human consumption and includes food service establishments unless otherwise stated herein. “River or Lake Catfish” means the catfish product has been produced in a freshwater lake, river or stream but has not been produced according to the usual and customary techniques of commercial aquaculture. “Wholesaler” means any person offering for sale any catfish product destined for direct retail sale in the State of Mississippi.

Miss. Code Ann. § 69-7-607 Labeling of catfish and fish products; notice of country of origin; method of notification; record-keeping audit trail; commissioner authorized to inspect businesses for compliance; exceptions.

Notice of country of origin. General requirements: 1. In case of “Farm-raised Catfish or Farm-raised Fish,” it is hatched, raised, harvested and processed in the United States; 2. In case of “River or Lake Catfish or River or Lake Fish,” it is: a. Harvested in waters of the United States, a territory of the United States or a state, including the waters thereof; and b. Processed in the United States, a territory of the United States or a state, including the waters thereof; All retailers of catfish and fish products, as defined in Section 69-7-605, shall inform consumers, at the final point of sale of the catfish or fish to the consumers, of the country of origin of the catfish or fish; United States country of origin. A retailer of catfish or fish products may designate the catfish or fish as having a United States country of origin only if: Farm-raised and River or Lake Catfish, Farm-raised and River or Lake Fish. The notice of country of origin for “Farm-raised Catfish,” or “Farm-raised Fish,” and “River or Lake Catfish” or “River or Lake Fish” shall distinguish between “Farm-raised Catfish” and “River or Lake Catfish” or “Farm-raised Fish” and “River or Lake Fish.” Method of notification. 1. The information required by paragraph (a) of subsection (1) of this section may be provided to consumers by means of a label, stamp, mark, placard or other clear and visible sign on the catfish or fish or on the package, display, holding unit or bin containing the catfish or fish at the final point of sale to consumers. 2. If the catfish or fish 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. Retailers. Food service establishments. The information required by paragraph (a) of subsection (1) of this section shall be provided to the consumer on the menu of the food service establishment. For foreign or imported catfish or fish, the information shall be adjacent to the item on the menu and printed in the same font style and size as the item. If the food service establishment offers for sale only catfish or fish having a United States country of origin, then the food service establishment may generally disclose this in a prominent location in the food service establishment in lieu of disclosure on the menu. The signage disclosing the sale of catfish or fish having a United States country of origin, that is to be placed in a prominent location in the food service establishment, shall be approved by the Mississippi Department of Agriculture and Commerce, which shall be held harmless in a cause of action for a retail or food service establishment’s failure to disclose or fraudulent disclosure. Any liability arising from failure to disclose country of origin shall remain with the wholesaler and the retail or food service establishment. The commissioner may require that any person that prepares, stores, handles or distributes catfish or fish for retail sale maintain a verifiable record-keeping audit trail that permits the commissioner to verify compliance with this law and any regulations promulgated hereunder. Any distributor or wholesaler engaged in the business of supplying catfish or fish to a retailer or food service establishment shall provide information to the retailer or food service establishment indicating the country of origin of the catfish or fish. The information shall include certification of origin through a state or federal agency that regulates the processing of catfish or fish or through a federal agency that verifies that catfish or fish and/or other products produced in countries other than the United States meets similar sanitation requirements. Any advertising as to any catfish or fish product shall state the information required in paragraph (a) of subsection (1) of this section. The term “catfish” shall not be used as a common name or in the label name of fish product except as provided in this section. The commissioner shall have authority to enter the premises of any wholesaler, processor, distributor, retailer or any other person selling catfish or fish products in order to determine compliance with this article. This section shall not apply to catfish or fish products exported out of the United States.

Miss. Code Ann. § 69-7-608 Misrepresentation in use of term “catfish”; regulation and inspection of retail and food service establishments; notice of violation; penalties.

The term “catfish” shall not be used as a common name or used to advertise, distribute or label any fish or fish product except for those species within the definition of catfish in Section 69-7-605. It is unlawful to use the term “catfish” in the advertising, distributing, labeling or selling of any of those species within the family of Siluridae, Clariidae and Pangasiidae or any other fish not within the definition of catfish in Section 69-7-605. The commissioner shall regulate and inspect retail and food service establishments under this article. The commissioner shall notify, in writing, any retailer or food service establishment violating this article and shall give the retailer or food service establishment three (3) days to correct the violation. No penalties under this article shall apply to any retailer or food service establishment 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 any of the provisions of this chapter or who otherwise misrepresents as catfish any fish or fish product not defined as catfish under this article shall be punished by a fine of not more than One Thousand Dollars ($1,000.00). For a second offense, a person shall be punished by a fine of not more than Two Thousand Dollars ($2,000.00). For any subsequent violations, a person shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by having the license for the retail or food establishment suspended indefinitely or until such establishment 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. § 69-7-609 Information as to origin of catfish products.

All distributors, processors or wholesalers of catfish products, distributing or selling catfish products, shall provide information to each person, firm or corporation to whom they distribute or sell catfish products for resale as to the labeling information required in subsection (1) of Section 69-7-607.

Miss. Code Ann. § 69-7-610 Identification by distributors, processors and wholesalers of catfish types upon request of commissioner; public disclosure of purchasers of catfish from distributors, processors and wholesalers.

All distributors, processors or wholesalers of catfish or other fish products, distributing or selling catfish or other fish products, shall provide information to the commissioner or his representative, upon request, and to each retailer to which such distributor, processor or wholesaler distributes or sells catfish or other fish products as to whether such product is Farm-raised Catfish, River or Lake Catfish, Imported Catfish, or Other Fish a Product of (country of origin). In addition, any wholesaler or distributor shall provide his sales and purchases records of catfish and other fish upon request by the commissioner. Other fish includes those fish in the taxonomic family of Siluridae, Clariidae and Pangasiidae. The commissioner may disclose to the public the names and addresses of businesses that purchase domestic and/or foreign catfish and other fish from wholesalers, distributors and processors.

Miss. Code Ann. § 69-7-611 Promulgation of rules and regulations.

The commissioner is authorized to promulgate such rules and regulations such as may be necessary for the efficient enforcement of this article. Before the issuance, amendment, or repeal of any rule or regulation authorized by this article, the commissioner shall publish the proposed regulation, amendment, or notice to repeal an existing regulation in a manner reasonably calculated to give interested parties adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the commissioner shall take appropriate action to issue the proposed rules or regulations or to amend or repeal an existing rule or regulation.

Miss. Code Ann. § 69-7-612 Commissioner authorized to enter premises to take samples for testing to determine compliance.

The commissioner shall have authority to enter the premises of any wholesaler, distributor or retailer to pull samples of catfish and other similar fish for laboratory testing to test for species identification and/or any other testing as may be necessary to determine compliance with this article.

Miss. Code Ann. § 69-7-613 Penalties; injunctive relief.

Any person who violates any provision of this article for which no other penalty is provided by this article shall upon conviction be subject to a fine of not more than Five Hundred Dollars ($500.00). The commissioner may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.

Miss. Code Ann. § 69-7-614 Repealed.

Repealed by operation of law on July 1, 2004, by Laws, 2002, ch. 506, § 6. [Laws, 2002, ch. 506, § 6, eff from and after passage (approved Apr. 1, 2002.]

Miss. Code Ann. § 69-7-615 Cooperation.

The commissioner may cooperate with and enter into agreements with governmental agencies of this state, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this article.

Miss. Code Ann. § 69-7-616 Administrative proceedings; sanctions; appeals; danger to public health.

When a complaint is made against a person for violation of any of the provisions of this article, or any of the rules or regulations promulgated hereunder, the Director of the Regulatory Division of the Mississippi Department of Agriculture and Commerce, or his designee, shall act as reviewing officer. The complaint shall be filed with the Mississippi Department of Agriculture and Commerce. The reviewing officer shall cause to be delivered to the accused, in the manner described herein, a copy of the complaint and any supporting documents along with a summons requiring the accused to respond to the allegations within thirty (30) days after service of the summons and complaint upon the accused. The accused shall file with the department a written response to the complaint and any supporting documents within the thirty-day period. The accused may be notified by serving a copy of the summons and complaint on the accused or any of his officers, agents or employees by personal service or by certified mail. Upon the expiration of the thirty-day period, the reviewing officer shall review the complaint, the written response of the accused, if any, and all supporting documents offered by the parties in support of their respective positions. The reviewing officer’s decision shall be based solely on the documents provided by the parties. If the reviewing officer determines that the complaint lacks merit, he may dismiss the complaint. If he finds that there are reasonable grounds showing that a violation of the statutes or regulations has been committed, he may impose any or all of the following penalties upon the accused: (a) levy a civil penalty in the amount of no more than One Thousand Dollars ($1,000.00) for each violation; (b) issue a stop-sale order; (c) require the accused to relabel any fish that he is offering for sale and which is not labeled in accordance with the provisions of this article; or (d) seize any fish that is not in compliance with this article, and destroy, sell or otherwise dispose of the fish, and apply the proceeds of any such sale to the costs herein and any civil penalties levied, with the balance to be paid to the accused. The reviewing officer’s decision shall be in writing, and it shall be delivered to the accused by any of the methods described herein for service of the summons and complaint on the accused. Either the accused or the department may appeal the decision of the reviewing officer to the Commissioner of Agriculture and Commerce by filing a notice of appeal with the department within thirty (30) days of receipt of the reviewing officer’s decision. If no appeal is taken from the order of the reviewing officer within the allotted time, the order shall then become final. In the event of an appeal, the commissioner, or his designee, shall conduct a full evidentiary hearing relative to the charges. The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. Compliance with such subpoenas may be enforced by any court of general jurisdiction in this state. The testimony of witnesses shall be upon oath or affirmation, and they shall be subject to cross-examination. The proceedings shall be recorded by a court reporter. The commissioner shall have all the powers of the reviewing officer described herein, and the commissioner may affirm, reverse or modify the order of the reviewing officer. The commissioner’s decision shall be in writing, and it shall be delivered to the parties in the same manner that the summons and complaint may be served upon the accused. Either the accused or the department may appeal the decision of the commissioner to the circuit court of the county of residence of the accused, or if the accused is a nonresident of the State of Mississippi, to the Circuit Court of the First Judicial District of Hinds County, Mississippi. The appellant has the obligation of having the record transcribed and filed with the circuit court. The appeal shall otherwise be governed by all applicable laws and rules affecting appeals to the circuit court. If no appeal is perfected within the required time, the decision of the commissioner, or his designee, shall then become final. The decision of the circuit court may then be appealed by either party to the Mississippi Supreme Court in accordance with the existing laws and rules affecting such appeals. Where any violation of this article, 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, any of the department’s field inspectors and 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 penalties described herein against the accused. The order shall be served upon the accused in the same manner that the summons and complaint may be served upon him. The accused shall then have thirty (30) days after service of the order upon him within which to request an informal administrative review before the reviewing officer, or his designee, as described herein. The accused shall include within his request all documents that support his position. The department may also submit any documents that support its position. If the accused makes such a request within such time, the reviewing officer, or his designee, shall review the documents provided by the parties and render a written decision within thirty (30) days after such request is made. Upon the making of such a request, the procedure described herein shall be followed, except that there is no need for a complaint to be filed against the accused. If the accused does not request an administrative review within such time frame, then he shall have waived his right to an administrative review.

Miss. Code Ann. § 69-7-617 Information concerning production and sales of catfish products.

The commissioner shall publish at least biannually, in such form as he may deem proper, information concerning the sale of catfish products, together with such data on their production and use as he may consider advisable provided that the information concerning production and sales of catfish products shall not disclose the operation of any person.

Miss. Code Ann. § 69-7-619 Repealed.

Repealed by Laws of 2010, ch. 304, § 15, eff from and after passage (approved Feb. 17, 2010). § 69-7-619 . [Laws, 2008, ch. 449, § 8, eff July 1, 2008.] Editor’s Notes — Former § 69-7-619 provided for the repeal of §§ 69-7-601 through 69-7-617 .

Miss. Code Ann. § 69-7-651 Short title.

This chapter shall be known and may be cited as the “Mississippi Catfish Processor Fair Practices Act of 1986.”

Miss. Code Ann. § 69-7-653 Administration of article.

This article shall be administered by the Commissioner of Agriculture and Commerce.

Miss. Code Ann. § 69-7-655 Legislative findings and purpose.

The Legislature finds that a burden on and an obstruction to intrastate commerce in the catfish farming industry is caused when payment is not made for the catfish and that such arrangements are contrary to the public interest. This article is intended to remedy such burden on and obstruction to intrastate commerce in catfish and to protect the public interest.

Miss. Code Ann. § 69-7-657 Definitions.

For purposes of this article, the following terms shall have the meaning ascribed herein unless the context otherwise requires: “Capable of use as human food” means and shall apply to any catfish or part or product thereof unless it is denatured or otherwise identified as required by regulations prescribed by the commissioner to deter its use as human food, or unless it is naturally inedible by humans. “Cash sale” means a sale in which the seller does not expressly extend credit to the buyer. “Catfish” means any species within the family of Ictaluridae. “Commissioner” means the Commissioner of Agriculture and Commerce of the State of Mississippi. “Direct retail sale” means the sale of catfish products directly to the consumer. “Person” includes any individual, partnership, corporation and association or other legal entity. “Processor” means any person engaged in handling, storing, preparing, manufacturing, packing or holding catfish products. “Producer” means any person engaged in the business of producing catfish, by any method. “Product” means any catfish product capable of use as human food which is made wholly or in part from any catfish or portion thereof. “Secured party” means a lender who has a perfected security interest pursuant to the Uniform Commercial Code in the catfish being sold.

Miss. Code Ann. § 69-7-659 Methods of purchasing catfish products; bonds and other security requirements; unfair practices.

Each processor shall use one of the following methods to purchase catfish products: The processor may deliver to the producer or his duly authorized representative and any secured parties the full amount of the purchase price on the same day the catfish product is purchased and possession is transferred. The processor may before the close of the twenty-eighth (28th) calendar day following the purchase of the catfish products and transfer of possession thereof, deliver to the producer or his duly authorized representative and any secured parties the full amount of the purchase price. If the producer or his duly authorized representative or secured parties are not present to receive payment at the point of transfer or possession, as herein provided, the processor shall wire transfer funds or place a check in the United States mail for the full amount of the purchase price, properly addressed to the producer and any secured parties, within the time limits specified in this subsection. Such action shall be deemed in compliance with the requirement for prompt payment under this paragraph. The parties to the purchase and sale of catfish products may expressly agree in writing, before such purchase or sale, to effect payment in a manner other than that required in paragraphs (a) or (b) provided the manner of payment does not interfere with the rights of secured parties. Any such agreement shall be disclosed in the records of any producer selling the catfish, and in the processors records and on the accounts or other documents issued by the processors relating to the transaction. In the event the processor shall elect the method prescribed in subparagraph (1)(b) of this section, to purchase catfish products, such processor shall, prior to such transaction, be required to: Be bonded in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) or in an amount which may be determined by the commissioner; Post a security bond in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) or in an amount which may be determined by the commissioner; or Provide cash security, letters of credit and/or such other evidences of security as shall be authorized by the commissioner. Any delay or attempt to delay, by a processor purchasing catfish products, the collection of funds as herein provided, or otherwise, for the purpose of or resulting in extending the normal period of payment for such catfish shall be considered an “unfair practice” in violation of this article.

Miss. Code Ann. § 69-7-661 Registration of processors; orders with respect to insolvent registrants.

On and after July 1, 1986, every catfish processor shall register with the Commissioner of Agriculture and Commerce. The commissioner shall promulgate such rules and regulations as he may deem necessary to secure the performance of catfish purchasing obligations, and whenever, after due notice and hearing, the commissioner finds any registrant is insolvent or has violated any provisions of this article he may issue an order suspending such registrant for a reasonable specified period. Such order of suspension shall take effect within not less than five (5) days, unless suspended or modified or set aside by the commissioner or a court of competent jurisdiction. If the commissioner finds any processor is insolvent, he may after notice and hearing issue an order requiring such processor to cease and desist from purchasing catfish while insolvent except under such conditions as the commissioner may prescribe to effectuate the purposes of this article. Provided, however, that (a) those processors whose average annual purchases do not exceed Fifty Thousand Dollars ($50,000.00), and (b) those processors who deliver to the producer or his duly authorized representative the full amount of the purchase price on the same day the catfish product is purchased and possession thereof is transferred, shall be exempt from the provisions of this section.

Miss. Code Ann. § 69-7-663 Unlawful practices.

It shall be unlawful, with respect to catfish or catfish products, for any processor to engage in or use any unfair, unjustly discriminatory, or deceptive practice.

Miss. Code Ann. § 69-7-665 Promulgation of rules and regulations.

The commissioner is authorized to promulgate such rules and regulations as may be necessary for the efficient enforcement of this article. Before the issuance, amendment or repeal of any rule or regulation authorized by this article, the commissioner shall publish the proposed regulation, amendment or notice to repeal an existing regulation in a manner reasonably calculated to give interested parties adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the commissioner shall take appropriate action to issue the proposed rules or regulations or to amend or repeal an existing rule or regulation.

Miss. Code Ann. § 69-7-667 Injunctions against violations; judicial review.

The commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article, notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond. Any person adversely affected by an act, order or ruling made by the commissioner pursuant to the provisions of this article may, within forty-five (45) days thereafter, bring action in the Hinds County Circuit Court, First Judicial District, for judicial review of such actions. The form of the proceeding shall be any which may be provided by statutes of this state to review decisions of administrative agencies, or in the absence or inadequacy thereof any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunctions.

Miss. Code Ann. § 69-7-669 Liability of violators; enforcement.

If any person subject to this article violates any of the provisions of this article, or of any order of the commissioner under this article, relating to the purchase, sale or handling of catfish, he shall be liable to the person or person injured thereby for the full amount of damages sustained in consequence of such violation. Such liability may be enforced either (a) by complaint to the commissioner or (b) by suit in any circuit court of competent jurisdiction; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this article are in addition to such remedies.

Miss. Code Ann. § 69-7-701 Use of weighing device by catfish processors.

For purposes of this section, the following terms shall have the meaning ascribed herein unless the context otherwise requires: “Catfish” means any species within the family of Ictaluridae. “Processor” means any person engaged in handling, storing, preparing, manufacturing, packing or holding catfish products. When making a weight determination of farm-raised catfish, the processor shall weigh the catfish as they are unloaded from the live haul truck and shall drain any water from the weighing baskets before the catfish are weighed. No deductions shall be made thereafter for water in the weighing baskets. The processor shall also use a weighing device that is of a type suitable for the weighing of farm-raised catfish and subject to the provisions of Section 75-27-19, Mississippi Code of 1972. Such weighing device shall electronically print a ticket which provides an exact duplicate of the weight indicated. A copy of this ticket shall be furnished to the owner of the catfish. Such ticket shall also include, but is not limited to, the following: The name and address of the processor; The name of the owner of the catfish being weighed; The date the catfish is weighed; The signature of the individual who weighs the farm-raised catfish recorded on the weight ticket; The device should print zero (0) before each weighing; and Such additional information as the Commissioner of Agriculture and Commerce deems necessary for the lawful and accurate recording of the weight of farm-raised catfish. Deductions for trash fish, turtles and other foreign materials shall be determined by a separate electronic weighing of the same with a printed ticket provided to the producer.

Miss. Code Ann. § 69-7-751 Legislative declaration and intent.

The Legislature declares a need to promote Mississippi agricultural products to raise the overall quality of fruits, vegetables and nuts; and it is the intent of the Legislature that fruits, vegetables and nuts produced or processed, or both, in the State of Mississippi be certified and graded.

Miss. Code Ann. § 69-7-753 Food Products Certification Office; creation; establishment; and responsibilities.

There is created in the Department of Agriculture and Commerce a Food Products Certification Office. This office shall establish grading and certification processes for fruits, vegetables and nuts. This office shall also establish regulations and procedures to determine whether a product is produced or processed, or both, in Mississippi. The Food Products Certification Office shall be responsible for: Inspecting, grading and certifying fruits, vegetables and nuts; Coordinating and developing markets for Mississippi farmers who produce fruits, vegetables and nuts; Managing or assisting in the management of the vegetable marketing sheds; and Assisting farmers in the production of fruits and vegetables with the greatest market demand that are most adaptable to each production area.

Miss. Code Ann. § 69-7-755 Hiring of marketing managers; qualifications and salaries; Producer Advisory Board.

The Department of Agriculture and Commerce shall hire not more than seven (7) marketing managers. The qualifications and salaries for the marketing managers shall be established by the State Personnel Board. Marketing managers shall be employed from a list of applicants approved by the State Personnel Board and recommended by the Director of the Mississippi Cooperative Extension Service, the Executive Director of the Agribusiness Council and the Commissioner of Agriculture, or their designees. Marketing managers shall be assigned to one or more of the marketing sheds at Booneville, Louisville, Wiggins, Bassfield, Taylorsville, Newton, Kemper County and Leakesville. Each of these marketing sheds shall be provided with a digital weighing scale to ensure accurate weight/grade. Each marketing shed shall establish a Producer Advisory Board consisting of four (4) local farmer producers of nuts, fruits or vegetables and three (3) produce industry representatives.