MCA Chapter 27

in effect

Miss. Code Ann. § 75-27-1 Citation.

This article may be cited as the “Weights and Measures Law of 1964.”

Miss. Code Ann. § 75-27-3 Meaning of terms.

When used in this article: The word “person” means both the plural and singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations. The words “weight(s) and (or) measure(s)” means all weights and measures of every kind, all instruments and devices and all electronic systems that employ a laser bar code reader to retrieve product identity, price and other information stored in computer memory, for weighing and measuring, or in the computing of any basic charge or payment for products bought or services rendered on the basis of weight or measure or count and any appliances and accessories associated with such instruments and devices, except that the term does not include meters for the measurement of electricity, gas, or water when the meters are operated in a public utility system, or production from oil and gas wells under the supervision of the State Oil and Gas Board. Such electricity, gas, and water meters are hereby specifically excluded from this article, and none of the provisions of this article shall apply to such meters or to any appliances or accessories associated with them. The words “sell” and “sale” means barter and exchange. The term “director” and “deputy director” means, respectively, the State Director of Weights and Measures, who shall be the Commissioner of Agriculture and Commerce, and the Deputy State Director of Weights and Measures, who shall serve as the administrator. The term “inspector” means a state inspector of weights and measures. The term “intrastate commerce” means any and all commerce or trade that is begun, carried on, and completed wholly within the limits of the State of Mississippi, and the phrase “introduced into intrastate commerce” shall be construed to define the time and place at which the first sale and delivery of a commodity is made within the state, and delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser. The term “commodity in package form” means commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of an auxiliary shipping container enclosing packages that individually conform to the requirements of this article. An individual item or lot of any commodity not in package form as defined in this section, but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be construed to be commodity in package form. The term “Handbook 44” means the National Institute of Standards and Technology Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices.”

Miss. Code Ann. § 75-27-5 Systems of weights and measures.

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and one or the other of these systems shall be used for all commercial purposes in the State of Mississippi. The definitions of basic units of weights and measures, the tables of weight and measure, and weights and measures equivalents, as published by the National Bureau of Standards, are recognized and shall govern weighing and measuring equipment and transactions in the state.

Miss. Code Ann. § 75-27-7 Definitions of special units of measure.

The term “barrel” shall mean a unit of thirty-one (31) gallons. However, the term “barrel,” when used in reference to seafood or parts thereof, shall be the measure defined by ordinance of the Mississippi Commission on Marine Resources under authority of Sections 49-15-1 through 49-15-67, Mississippi Code of 1972. The term “ton” shall mean a unit of two thousand (2,000) pounds avoirdupois weight. The term “cord” shall mean the amount that is contained in a space of one hundred twenty-eight (128) cubic feet when such is ranked and well stowed.

Miss. Code Ann. § 75-27-9 State standards of weight and measure.

Such weights and measures in conformity with the standards of the United States as have been supplied to the state by the federal government or otherwise obtained by the state for use as state standards shall, when the same shall have been certified as being satisfactory for use as such by the National Bureau of Standards, be the state standards of weight and measure. The state standards shall be kept in a safe and suitable place in the office or laboratory of the state division of weights and measures, they shall not be removed from the said office or laboratory except for repairs or for certification, and they shall be submitted at least once in ten (10) years to the National Bureau of Standards for certification. The state standards shall be used only in verifying the office standards and for scientific purposes.

Miss. Code Ann. § 75-27-11 Office and working standards and equipment.

In addition to the state standards provided for in Section 75-27-9, there shall be supplied by the state at least one (1) complete set of copies of these to be kept in the office or laboratory of the state division of weights and measures and to be known as “office standards,” and also such “field standards” and such equipment as may be found necessary to carry out the provisions of this article. The office standards and field standards shall be verified upon their initial receipt and at least once each year thereafter, the office standards by direct comparison with the state standards and the field standards by comparison with the office standards.

Miss. Code Ann. § 75-27-13 State director, deputy director, and inspectors of weights and measures.

The commissioner of the department of agriculture and commerce shall be, ex officio, the director. There shall be a deputy state director of weights and measures and state inspectors of weights and measures, and necessary technical and clerical personnel, who shall be appointed by the director under the rules of said department, and who shall collectively comprise the state division of weights and measures, of which the deputy director shall be the administrator. The director shall be allowed salaries for the deputy director, the inspectors, and the necessary technical and clerical employees, for necessary equipment and supplies, and for traveling and contingent expenses, such sums as shall be appropriated by the legislature.

Miss. Code Ann. § 75-27-15 Bonds of deputy director and inspectors.

A bond, with sureties, to be approved by the secretary of state, and conditioned upon the faithful performance of his duties and the safekeeping of any standards or equipment entrusted to his care shall, forthwith, upon his appointment, be given by the deputy director in the penal sum of five thousand dollars ($5,000.00), and by each inspector in the penal sum of one thousand dollars ($1,000.00). The premiums on such bonds shall be paid by the state.

Miss. Code Ann. § 75-27-17 General powers and duties of director.

The director shall have the custody of the state standards of weight and measure and of the other standards and equipment provided for by this article, and shall keep accurate records of the same. The director shall enforce the provisions of this article. He shall have and keep a general supervision over the instruments for weighing and measuring offered for sale, sold, or in use in the state. He shall, annually, make to the governor, secretary of the senate and the clerk of the house of representatives, a report on all of the activities of his office.

Miss. Code Ann. § 75-27-19 Specific powers and duties of directors; regulations.

The director may adopt, amend or repeal regulations for the enforcement of this article, which regulations shall have the force and effect of law. These regulations may include (1) standards of net weight, measure or count, and reasonable standards of fill, for any commodity in package form, (2) rules governing the technical and reporting procedures to be followed and the report and record forms and marks of approval and rejection to be used by inspectors of weights and measures in the discharge of their official duties, and (3) exemptions from the sealing or marking requirements of Section 75-27-31 with respect to weights and measures of such character or size that such sealing or marking would be inappropriate, impracticable, or damaging to the apparatus in question. These regulations shall include specifications, tolerances and regulations for weights and measures of the character of those specified in Section 75-27-23, designed to eliminate from use, without prejudice to apparatus that conforms as closely as practicable to the official standards, those (1) that are not accurate, (2) that are of such construction that they are faulty – that is, that are not reasonably permanent in their adjustment or will not repeat their indications correctly, or (3) that facilitate the perpetration of fraud. The specifications, tolerances and regulations for commercial weighing and measuring devices, together with amendments thereto, as recommended by the National Institute of Standards and Technology and published in Handbook 44 and supplements thereto, or in any publication revising or superseding Handbook 44, shall be the specifications, tolerances, and regulations for commercial weighing and measuring devices of the State of Mississippi, except insofar as specifically modified, amended or rejected by a regulation issued by the director. For the purposes of this article, apparatus shall be deemed to be “correct” when it conforms to all applicable requirements promulgated as specified in this section; other apparatus shall be deemed to be “incorrect.” The division shall levy no charges or fees for the field tests or inspections made under this article; however, the director shall adopt a schedule of fees for calibration and testing services provided by the State Metrology Laboratory. Fees collected for such calibration and testing shall be deposited in the State Treasury in the special fund for the Department of Agriculture and Commerce. The director shall require persons installing scales with a weight capacity of ten thousand (10,000) pounds or more to secure a permit for each such scale installed, establish a fee not to exceed Fifty Dollars ($50.00) for such permit and require such person to supply the director with scale and scale foundation blueprints and specifications for each installation before installation of the scale. Applications for permit shall be made on forms prescribed and furnished by the director. The director shall establish and adopt scale pit and approach specifications for scales with a capacity of ten thousand (10,000) pounds or more. However, weighing devices with a capacity of ten thousand (10,000) pounds or more used to weigh road construction materials shall be exempt from the requirements of this article. Such weighing devices for road construction materials shall have a tolerance of one-half of one percent (1/2 of 1%) in lieu of the requirements of Handbook 44 and shall be regulated by the Mississippi Department of Transportation instead of the Department of Agriculture and Commerce. For purposes of this section, the term “road construction materials” shall include, but not be limited to, sand, gravel, asphalt, fill dirt, topsoil and concrete. The term “road construction materials” shall not include timber or timber products.

Miss. Code Ann. § 75-27-21 Testing of standards at state-supported institutions.

The director shall from time to time test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which monies are appropriated by the legislature, reporting his findings, in writing, to the supervisory board and to the executive officer of the institution concerned.

Miss. Code Ann. § 75-27-23 General testing.

When not otherwise provided by law, the director shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale or purchase. It shall be the duty of the director within a twelve-month period, or less frequently if in accordance with a schedule issued by him, and as much oftener as he may deem necessary to inspect and test, to ascertain if they are correct, all weights and measures commercially used (1) in determining the weight, measurement or count of commodities or things sold or purchased, or offered or exposed for sale or purchase, on the basis of weight, measure, or of count, or (2) in computing the basic charge or payment for services rendered on the basis of weight, measure, or of count. Provided, that with respect to single-service devices – that is, devices designed to be used commercially only once and to be then discarded – and with respect to devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, tests may be made on representative samples of such devices; and the lots of which such samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on such samples. The manufacturer or distributor of any weighing device(s) offered for sale, sold, installed for commercial use or used commercially in this state shall subject such device to type evaluation testing by the National Type Evaluation Program (NTEP), National Institute of Standards and Technology (NIST). Any weighing device not covered by a certificate of conformance from such agency shall not be used commercially in this state.

Miss. Code Ann. § 75-27-25 Investigations.

The director shall investigate complaints made to him concerning violations of the provisions of this article, and shall, upon his own initiative, conduct such investigations as he deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of the provisions of this article and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.

Miss. Code Ann. § 75-27-27 Inspections of packages.

The director shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether the same contain the amounts represented and whether they be kept, offered, or exposed for sale, or sold, in accordance with law; and when such packages or amounts of commodities are found not to contain the amounts represented, or are found to be kept, offered, or exposed for sale in violation of law, the director may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this section, the director may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of such lot. No person shall (1) sell or keep, offer, or expose for sale, in intrastate commerce, any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless and until such package or amount of commodity has been brought into full compliance with all legal requirements, or (2) dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and that has not been brought into compliance with legal requirements, in any manner except with the specific approval of the director.

Miss. Code Ann. § 75-27-29 Stop-use, stop-removal, and removal orders.

The director shall have the power to issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue stop-removal orders and removal orders with respect to packages or amounts of commodities kept, offered, or exposed for sale, sold, or in process of delivery, whenever in the course of his enforcement of the provisions of this article he deems it necessary or expedient to issue such orders, and no person shall use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order, or removal order issued under the authority of this section. However, the director must give a five-day written notice to the affected person, business or corporation before issuing a stop-use order on any weighing device with a weight capacity of ten thousand (10,000) pounds or greater.

Miss. Code Ann. § 75-27-31 Disposition of correct and incorrect apparatus.

The director shall approve for use and seal or mark with appropriate devices such weights and measures as he finds upon inspection and test to be “correct” as defined in Section 75-27-19, and shall reject and mark or tag as “rejected” such weights and measures as he finds, upon inspection or test, to be “incorrect” as defined in Section 75-27-19, but such sealing or marking shall not be required with respect to such weights and measures as may be exempted therefrom by a regulation of the director issued under the authority of Section 75-27-19.

Miss. Code Ann. § 75-27-33 Police powers; right to entry and stoppage.

With respect to the enforcement of this article and any other laws dealing with weights and measures that he is, or may be, empowered to enforce, the director is hereby vested with police powers, such as given to sheriffs and constables, and may seize for use as evidence, with warrant, incorrect or unsealed weights and measures or amounts or packages of commodity found to be used, retained, offered, or exposed for sale, or sold, in violation of law.

Miss. Code Ann. § 75-27-35 Powers and duties of deputy director and inspector.

The powers and duties given to and imposed upon the director by Sections 75-27-21 through 75-27-33, and 75-27-61, of this article are hereby given to and imposed upon the deputy director and inspectors also, when acting under the instructions and at the direction of the director.

Miss. Code Ann. § 75-27-37 Duty of owners of incorrect apparatus.

Weights and measures that have been rejected shall not again be used commercially after a thirty-day waiting period or until they have been officially reexamined and found to be correct or until specific written permission for such use is issued by the rejecting authority.

Miss. Code Ann. § 75-27-39 Methods of sale of commodities; general.

Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this article, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count. Provided, that liquid commodities may be sold by weight, and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold. Pulpwood shall be sold either by volume or weight, and measured by the cord or the ton as defined in Section 75-27-7. Purchasers of pulpwood, in determining payment to seller, may convert from weight to volume or volume to weight. Such purchasers shall make the conversion by using the following weights per cord: five thousand two hundred (5,200) pounds for pine, five thousand four hundred (5,400) pounds for soft hardwood, five thousand six hundred (5,600) pounds for mixed hardwood, and five thousand eight hundred (5,800) pounds for hard hardwood. The provisions of this section shall not apply (1) to insect damaged, dead or otherwise damaged pulpwood, (2) to commodities when sold for immediate consumption on the premises where sold, (3) to vegetables when sold by the head or bunch, (4) to commodities in containers standardized by a law of this state or by federal law, (5) to commodities in package form when there exists a general consumer usage to express the quantity in some other manner, (6) to concrete aggregates, concrete mixtures, and loose solid materials such as earth, soil, gravel, crushed stone, and the like, when sold by cubic measure, (7) to unprocessed vegetable and animal fertilizer when sold by cubic measure, or (8) to timber when sold in bulk on the stump. The director may issue such reasonable regulations as are necessary to assure that amounts of commodity sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest.

Miss. Code Ann. § 75-27-41 Methods of sale of commodities; packages, declaration of quantity and origin; variations and exemptions.

Except as otherwise provided in this article, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce shall bear on the outside of the package a definite, plain, and conspicuous declaration of (1) the identity of the commodity in the package unless the same can easily be identified through the wrapper or container, (2) the net quantity of the contents in terms of weight, measure, or count, and (3) in the case of any package kept, offered, or exposed for sale, or sold any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor. Provided, that in connection with the declaration required under clause (2), neither the qualifying term “when packed” or any words of similar import shall be used. Provided further, that under clause (2) the director shall, by regulation, establish (a) reasonable variations to be allowed, which shall include variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure, (b) exemptions as to small packages, and (c) exemptions as to commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer.

Miss. Code Ann. § 75-27-43 Methods of sale of commodities; declaration of unit price on random packages.

In addition to the declarations required by Section 75-27-41, any commodity in package form, the package being one of a lot containing random weights, measures, or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count.

Miss. Code Ann. § 75-27-45 Methods of sale of commodities; misleading packages.

No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed, or filled, as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard of fill as may have been prescribed for the commodity in question by the director.

Miss. Code Ann. § 75-27-47 Methods of sale of commodities; advertising packages for sale.

Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the basic quantity of contents of the package as is required by law or regulation to appear on the package. Provided, that in connection with the declaration required under this section there shall be declared neither the qualifying term “when packed” nor any other words of similar import, nor any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of commodity in the package.

Miss. Code Ann. § 75-27-49 Sale by net weight.

The word “weight” as used in this article in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed. Provided, however, this shall not apply to bales of cotton which are customarily sold by gross weight.

Miss. Code Ann. § 75-27-51 Misrepresentation of price.

Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half (1/2) the height and width of the numerals representing the whole cent; provided, however, the provisions of this section shall not apply to signs and requirements enumerated in Section 75-55-9, Mississippi Code of 1972. A person who is found guilty of the misrepresentation of the price of a commodity or the representation of a price in any manner calculated or tending to mislead or deceive an actual or prospective purchaser shall be assessed a civil penalty by the director or his designee in the amount of not less than One Hundred Dollars ($100.00) for the first offense and not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each subsequent offense. Each violation shall constitute a separate offense. The commissioner or his designee shall afford the person an opportunity for a hearing to show cause why the penalty should not be assessed.

Miss. Code Ann. § 75-27-53 Construction of contracts.

Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in Sections 75-27-5 and 75-27-7, and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement.

Miss. Code Ann. § 75-27-55 Hindering or obstructing officer; penalties.

Any person who shall wilfully hinder or obstruct in any way the director, the deputy director, or any one of the inspectors, in the performance of his official duties shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), or by imprisonment for not more than three (3) months, or by both such fine and imprisonment.

Miss. Code Ann. § 75-27-57 Impersonation of officer; penalties.

Any person who shall impersonate in any way the director, the deputy director, or any one of the inspectors, by the use of his seal or a counterfeit of his seal, or in any other manner, shall be guilty of a misdemeanor, and, upon conviction, may be punished by a fine of not less than Two Hundred Dollars ($200.00) nor 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. § 75-27-59 Offenses and penalties.

Any person who by himself, by his agent, or as the agent of another person, commits any one (1) of the acts enumerated in paragraphs (a) through (j) of this subsection is guilty of a misdemeanor and, upon a first conviction thereof, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), or by imprisonment for not more than three (3) months, or by both such fine and imprisonment; and upon a second or subsequent conviction, he shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. It is unlawful for a person to: Use or have in possession for the purpose of using for any commercial purpose specified in Section 75-27-23, sell, offer, or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorrect weight or measure of any device or instrument used to or calculated to falsify any weight or measure. Use or have in possession for the purpose of current use for any commercial purpose specified in Section 75-27-23, a weight or measure that does not bear a seal or mark such as is specified in Section 75-27-31, unless such weight or measure has been exempted from testing by the provisions of Section 75-27-23, or by a regulation of the director issued under the authority of Section 75-27-19. Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation. Remove from any weight or measure, contrary to law or regulation, any tag, seal, or mark placed thereon by the appropriate authority. Sell, or offer or expose for sale, less than the quantity he represents of any commodity, thing, or service. Take more than the quantity he represents of any commodity, thing, or service, when, as buyer, he furnishes the weight or measure by means of which the amount of the commodity, thing, or service is determined. Keep for the purpose of sale, advertise, or offer or expose for sale, or sell, any commodity, thing, or service in a condition or manner contrary to law or regulation. Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer. Buy or sell pulpwood by any means other than those prescribed in Section 75-27-39. Violate any provision of this article or of the regulations promulgated under the provisions of this article for which a specific penalty has not been prescribed. Any person who by himself, by his agent, or as the agent of another person, commits any of the acts enumerated in subsection (1) of this section may be assessed by the director, or his designee, an administrative penalty of: Not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for a first violation; Not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00) for a second violation committed within twelve (12) months of the first violation; and Not less than One Thousand Dollars ($1,000.00) nor more than Three Thousand Dollars ($3,000.00) for a third violation committed within eighteen (18) months from the date of the first violation. Any person, subject to an administrative penalty, shall have a right to request an administrative hearing within thirty (30) days of receipt of the notice of the penalty. The director, or his designee, is authorized to conduct the hearing after giving appropriate notice to the respondent. The decision of the director, or his designee, shall be subject to appropriate judicial review. If the respondent has exhausted his administrative appeals and the civil penalty has been upheld, he shall pay the civil penalty within thirty (30) days of the effective date of the final decision. If the respondent fails to pay the penalty, a civil action may be brought by the director in any court of competent jurisdiction. Any civil penalty collected under this section shall be transmitted to the General Fund.

Miss. Code Ann. § 75-27-61 Injunction.

The director is authorized to apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of this article.

Miss. Code Ann. § 75-27-63 Presumptive evidence.

For the purposes of this article, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall, in the absence of conclusive evidence to the contrary, be presumptive proof of the regular use of such weight or measure or weighing or measuring device for commercial purposes and of such use by the person in charge of such building, enclosure, stand, or vehicle.

Miss. Code Ann. § 75-27-65 Validity of prosecutions.

Prosecutions for violation of any provision of this article are declared to be valid and proper notwithstanding the existence of any other valid general or specific law of this state dealing with matters that may be the same as or similar to those covered by this article.

Miss. Code Ann. § 75-27-67 Licensing service repairmen.

Any person engaging in the business of scale repairing or testing shall obtain a license annually from the State Director of Weights and Measures upon showing that he is qualified to repair or test scales and that he meets all requirements of the National Institute of Standards and Technology Handbook 44 and supplements thereto or in any publication revising or superseding Handbook 44. The annual cost of such license shall be One Hundred Dollars ($100.00) for scale service-repair companies and Fifty Dollars ($50.00) for scale service repairmen, which shall be collected by the director and paid into the State Treasury, and shall expire on the thirtieth day of June next after its issuance. The director is hereby authorized to revoke any such license for a violation of any of the provisions of this article or any rule or regulation promulgated thereunder. Any person so licensed shall, within three (3) days after he adjusts, repairs, services, restores to service or places in service any scale, make a report thereof to the Director of Weights and Measures on a form provided by the Department of Agriculture and Commerce. All such fees collected shall be paid into the General Fund in the State Treasury. It shall be unlawful and a misdemeanor: (1) for any person other than the owner, or his regular employees, to repair any weighing or measuring device unless he holds the above-prescribed license; or (2) for any person to retain any remuneration for repairing any weighing or measuring device unless the repairing involved causes such device to meet the requirements of the article for at least ninety (90) days after such repairing; or (3) for any person to violate any of the provisions of this section.

Miss. Code Ann. § 75-27-101 Schedule of weights and measures of particular commodities.

The standards of the weights and measures of this state as given below shall be deposited with the secretary of state and also at the different state institutions of learning, and the secretary of state and the proctors of those institutions are authorized to confirm and seal all weights and measures brought to them, and to receive the fees therefor. And on all sales by weight of the agricultural products hereinafter named the number of pounds per bushel or the number of pounds per gallon as stated in the following schedule shall be the true and legal standard weight, viz.: Barley, per bushel 60 pounds Bluegrass seed, per bushel 14 pounds Bran, per bushel 20 pounds Buckwheat, per bushel 48 pounds Castor beans, per bushel 46 pounds Clover seed, per bushel 60 pounds Corn, in the ear 72 pounds Corn, shelled, per bushel 56 pounds Corn meal, per bushel 48 pounds Corn meal, bolted, per bushel 44 pounds Corn meal, unbolted, per bushel 48 pounds Cottonseed, per bushel 32 pounds Dried apples, per bushel 26 pounds Dried peaches, per bushel 33 pounds Flaxseed, per bushel 56 pounds Flour, in barrels, per barrel 196 pounds net Flour, in half barrels 98 pounds net Flour, in one-fourth barrel sacks 48 pounds net Flour, in one-eighth barrel sacks 24 pounds net Ground peas, per bushel 24 pounds Hempseed, per bushel 44 pounds Hungarian grass seed, per bushel 50 pounds Irish potatoes, per bushel 60 pounds Lime, unslacked, per bushel 80 pounds Louisiana cane molasses, per gallon 11 pounds Malt, per bushel 38 pounds Meal, in barrels 200 pounds net Millet seed, per bushel 50 pounds Oats, per bushel 32 pounds Onions, per bushel 57 pounds Peas, per bushel 60 pounds Rye, per bushel 56 pounds Salt, per bushel 50 pounds Sorghum, per gallon 11 pounds Sorghum seed, per bushel 42 pounds Stone coal, per bushel 80 pounds Sweet potatoes, per bushel 54 pounds Timothy seed, per bushel 45 pounds Turnips, per bushel 55 pounds Wheat, per bushel 60 pounds White beans, per bushel 60 pounds Click to view

Miss. Code Ann. § 75-27-103 Penalty for using short weights or measures.

It is hereby made a misdemeanor for any person or corporation to sell or buy any of the foregoing commodities on short weights in violation of the above schedule of rates and any such person or corporation upon conviction shall be punished by a fine of not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00).

Miss. Code Ann. § 75-27-105 Underweight barrels of flour, meal, pork and beef forfeited.

If any person shall sell, keep, or offer for sale, any barrel of flour, meal, pork, or beef, as a barrel thereof, containing less than the standard weight net, he shall forfeit to the county all of such underweight flour, meal, pork, or beef which he may have in his possession.

Miss. Code Ann. § 75-27-107 Containers for wheat and corn flours, corn meal, hominy, and grits.

It shall be unlawful for any person, partnership, corporation, company, cooperative society, or organization to pack for sale, sell, offer or expose for sale in this state any of the following commodities except in containers of net avoirdupois weights of two (2), five (5), ten (10), twenty-five (25), fifty (50), and one hundred (100) pounds, and multiples of one hundred (100) pounds; wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits; provided, however, that the provisions of this section shall not apply to (a) the retailing of flours, meals, hominy and hominy grits direct to the consumer from bulk stock, or (b) the sale of flours and meals to commercial bakers or blenders or for export in containers of more than one hundred (100) pounds, or (c) flours, meals, hominy and hominy grits packed in cartons the net contents of which are less than five (5) pounds, or (d) the exchange of wheat for flour by mills grinding for toll. Provided that this section shall not apply to stock on hand at time of enactment. Any violation of this section shall constitute a misdemeanor and upon conviction, the offender shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense.

Miss. Code Ann. § 75-27-109 Fixing the standard weight of coal sold by ton, box or barrel.

The standard weight of coal shall and is hereby established at two thousand (2,000) pounds to the ton, or two hundred (200) pounds to the box or barrel, and unless otherwise agreed upon, coal shall be sold by the ton of two thousand (2,000) pounds, or the box or barrel of two hundred (200) pounds.

Miss. Code Ann. § 75-27-111 Measure of charcoal.

Unless otherwise agreed upon, charcoal shall be sold by measure, and the measure of charcoal shall be a barrel of the capacity of three and one-quarter (3-1/4) bushels.

Miss. Code Ann. § 75-27-113 Measure of timber.

Timber purchased by weight or measured volume shall be purchased by weight on the basis of tonnage or pounds with one (1) ton equaling two thousand (2,000) pounds avoirdupois weight, or by measured volume so long as the measured volume is not calculated by weight but is derived from any of the standards provided in subsection (2). When timber is purchased by measured volume, the timber shall be measured by either cubic feet, Doyle Log Rule, International 1/4 Inch Rule or Scribner Decimal C Rule. No person, firm or corporation, shall use any scales or measuring device in the purchase of timber unless the same is true and accurate. All devices used for buying or selling timber shall comply with specifications and tolerances and other requirements of this chapter, and regulations adopted pursuant thereto. Purchaser specifications shall be made available to the haulers and timber owners and shall be posted in a place easily accessible to the haulers or timber owners at the location where the timber is weighed or measured. Scale tickets shall be made available to the haulers and timber owners for each load before the close of the following business day and shall include the measured volume or weight, the standard of weight or measurement used, and the basis and amount of any deductions. The State Director of Weights and Measures, the Deputy Director of Weights and Measures and any state inspector of weights and measures are hereby vested with police powers, such as given to sheriff and constables, for the sole purpose of issuing citations, without warrant, to any person who the Director, Deputy Director or inspector has probable cause to believe is violating this section, or who shall impede, hinder or otherwise prevent or attempt to prevent the testing of scales or measuring devices or enforcement of this chapter. The citation shall be returnable to the Deputy Director of Weights and Measures. No citation for a violation of this section shall be issued after one (1) year from the date of the violation. The Deputy Director of Weights and Measures, or his designee, shall within thirty (30) days of the issuance of the citation, dismiss the citation, issue a written warning or levy a fine of not more than Two Hundred Dollars ($200.00) for the first offense; not more than Five Hundred Dollars ($500.00) for the second offense if the second offense occurs within six (6) months of the first offense; or not more than Two Thousand Dollars ($2,000.00) for the third and subsequent offenses, if the third or subsequent offenses occur within six (6) months of the first offense. If the Deputy Director of Weights and Measures, or his designee, determines the violation was unintentional and due to an act of God or was beyond the reasonable control of the person, firm or corporation committing the violation, no fine shall be levied. A person, firm or corporation operating any scales or measuring devices in the purchase of timber at more than one (1) location in the state shall not be subject to fines for second or subsequent offenses unless the offenses occur at the same location on separate days. A citation shall record each and every violation of this section but for the purposes of determining second and subsequent offenses under this section, all violations of this section committed by one (1) person, firm or corporation at one (1) location during one (1) day shall constitute one (1) offense. Any person, firm or corporation may appeal a fine to the State Director of Weights and Measures or his designee. The appeal must be filed within thirty (30) days after the levy of the fine. Any party aggrieved by the final order of the State Director of Weights and Measures, or his designee, may appeal to the Chancery Court of the First Judicial District of Hinds County, Mississippi, by filing an appeal within thirty (30) days of a final order of the Director of Weights and Measures. If no appeal is taken and the fine is not paid within sixty (60) days of the order or if the fine is upheld on appeal and no further appeal is taken and the fine is not paid within sixty (60) days of the ruling on the appeal, the Director of Weights and Measures may forward an abstract of the order or judgment to the circuit clerk of any county in the State of Mississippi for enrolling as any other judgment. After enrolling the judgment, the Director of Weights and Measures may institute an action to recover the fines assessed under this section in the name of the State of Mississippi in any court of competent jurisdiction or otherwise proceed as a judgment creditor pursuant to the laws of the State of Mississippi. This section does not apply to pulpwood as defined in Section 75-79-5 of the Mississippi Uniform Pulpwood Scaling and Practices Act.

Miss. Code Ann. § 75-27-114 How natural gas motor fuels are measured when sold.

Notwithstanding any provision within this chapter to the contrary, natural gas motor fuels shall be sold as follows: Liquefied natural gas motor fuel shall be sold in diesel gallon equivalents defined as 6.06 pounds of liquefied natural gas; provided, however, that if the National Conference of Weights and Measures establishes a different definition of diesel gallon equivalent, such definition shall be used. Compressed natural gas motor fuel shall be sold in gasoline gallon equivalents. A gasoline gallon equivalent of CNG shall be defined as 5.660 pounds; provided, however, that if the National Conference on Weights and Measures establishes a different definition of gasoline gallon equivalent, such definition shall be used.

Miss. Code Ann. § 75-27-201 Unlawful to sell or purchase livestock by weight except where weighed by licensed or registered weigher; exceptions.

If shall be unlawful for any person, firm or corporation or an agent thereof, or person acting therefor, to be engaged in whole or in part: In the business of operating a packing house where livestock is purchased by weight, or In the business of selling livestock by auction, or otherwise, for others by weight, or In the business of selling livestock by weight on a commission basis, fee or for other compensation, or To thus sell, buy, dispose of, trade, offer for sale, or cause or permit to be sold, disposed of or offered for sale, any livestock, by weight, unless such animals are first weighed by a licensed and bonded weigher, or a weigher registered under the Federal Packers and Stockyards Act of 1921, as amended, on a scale, or other weighing device, tested and approved by the state commissioner of agriculture and commerce. Each separate location where any of the businesses heretofore described are carried on shall be considered a separate business within the meaning of the provisions of this article even though all of such separate operations are owned by and under the control of the same person, firm or corporation. Provided, however, this article does not apply to bona fide farmers who trade livestock between themselves or who make purchases or sales. Provided, further that this article shall not apply to cold storage plants, pork processing, or local community slaughterers of livestock for retail. It shall be the responsibility of the owner or operator of such business to see that all scales and equipment used are maintained in good and accurate condition.

Miss. Code Ann. § 75-27-203 Commissioner of agriculture and commerce to administer article; rules and regulations.

The commissioner of agriculture and commerce of Mississippi and his duly appointed agents shall administer the provisions of this article. The commissioner shall have authority to promulgate, from time to time, such rules and regulations as are necessary for the enforcement of the provisions of this article. The commissioner shall prescribe by regulations the tolerance which will be recognized in the reweighing of animals.

Miss. Code Ann. § 75-27-205 State standards of weights and measures.

The weights and measures received from the United States under joint resolutions of Congress approved June 14, 1836, and July 27, 1866, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such weights and measures in conformity therewith as shall be supplied by the state shall, when the same shall have been certified by the national bureau of standards, be the state standards of weights and measures for the purpose of this article.

Miss. Code Ann. § 75-27-207 Sealing or making of weighing device; condemned scales.

Whenever the commissioner of agriculture and commerce finds that a weighing device corresponds with the standards in his possession, he shall seal or mark such weighing device with an appropriate label or tag. He shall mark “condemned-not to be used” on incorrect weighing devices, or devices which do not meet the requirements of this article. The owner or user of such latter named devices shall not again use such devices unless, and until, same have been repaired or changed by such owner or user and have been approved by the commissioner of agriculture and commerce or authorized agent and sealed and marked as provided above. Provided, however, no scales shall be condemned where minor adjustments will bring such scales in conformity.

Miss. Code Ann. § 75-27-209 Permit required; fee; renewal; limit; bond; report.

No person, firm or corporation covered by the provisions of Section 75-27-201 shall engage in the sale or purchase of livestock, by weight, without first having secured a permit, issued by the commissioner of agriculture and commerce, for a fee not to exceed one hundred fifty dollars ($150.00), provided, however, in operating a packing house, only one (1) permit shall be required for any firm, corporation or other such place of business, though a number of persons may be employed in the packing house, whose duties may include or be limited to the weighing of cattle, except that each separate location where any livestock is purchased or processed shall be considered to be a separate business. Permits shall be issued or renewed annually, beginning July 1, 1958, and may be revoked by the issuing office for good cause shown. Initial permits issued after the month of July for any person covered by the provisions of Section 75-27-201, the charge shall be at the rate of one-twelfth (1/12) of the stipulated fee for each remaining month in the fiscal year. Permits issued under the provisions of this article shall not be transferable and shall apply to only the particular yard, sales barn, meat packer, commission merchant or other particular persons covered by this article; and an additional permit must be obtained for each additional such business. Each person covered by the provisions of Section 75-27-201 shall execute and maintain a surety bond payable to the State of Mississippi with securities to be approved by the Secretary of State for the faithful performance of their functions under this article and said bond may be put in suit by any damaged party. Provided, however, any such person may elect to maintain, in whole or partial substitution for such surety bond, one or more irrevocable letters of credit, surety bonds or trust fund agreements, or combination thereof. The total amount of the letter(s) of credit, surety bond(s) or trust fund agreement(s) or combination thereof, shall not be less than the total required amount of the surety bond. All bonds, letters of credit or trust fund agreements shall in matter of form, content, and calculated coverage meet the requirements of the Code of Federal Regulations Title 9, Part 201, Packers and Stockyards Administration General Bonding Regulations or as such regulations may be amended. In no case shall the amount of bond coverage be less than ten thousand dollars ($10,000.00). In the event of default by persons covered by this article the commissioner of agriculture and commerce may, at his discretion, be named as trustee for the dispersal of moneys calculated to be due and payable to individuals injured by such default as determined by the Packers and Stockyards Administration. In the event a buyer under the terms of this article has more than one (1) employee engaged in the weighing of livestock, a single bond covering all persons weighing livestock shall be deemed sufficient for the purposes of this article. However, the aggregate liability of the surety for all such suits shall, in no event, exceed the sum of said bond. Any person who has met the requirements of federal law by posting a similar bond, letter of credit or trust fund agreement and filing a copy of such instrument with the commissioner of agriculture and commerce shall be exempt from the above bond requirement of making a State of Mississippi bond for the protection of the public. All surety bonds, letters of credit or trust fund agreements shall be filed with the commissioner of agriculture and commerce. Instruments thus filed shall be construed to cover the sale or purchase of livestock at any place of business defined in Section 75-27-201 and it shall be immaterial that the actual purchase or sale was made at some place other than or away from the place of business of seller or purchaser if the purchase or sale was made in the name of such a person as is defined in Section 75-27-201, and the bond shall be construed to cover the issuance of checks in payment for livestock where the maker or payer or endorser, making the same, uses his business name to describe a place of business covered by Section 75-27-201 and the check is not paid for any reason and is due and payable. Each livestock sales barn, auction sales barn, meat packer, commission merchant, or other similar business, defined in Section 75-27-201, shall make a monthly report at the end of each month to the commissioner of agriculture and commerce showing the number of livestock sold or bought by species.

Miss. Code Ann. § 75-27-211 Inspection of equipment; checking animals; permits and fees; cost of administration; testing equipment on request; seal of approval.

It shall be the duty of the commissioner of agriculture and commerce, either by himself or his duly authorized agents, to inspect, examine and test any and all equipment used by such livestock sales establishments, and to check the weights of animals sold at such time, and place, and in such manner as he may deem proper and necessary to carry out the intent of this article. The said commissioner shall also issue such permits and collect such fees as are herein provided. All monies collected under this article shall be paid into the general fund in the state treasury. Provided further, the commissioner is hereby authorized, upon written request, to test the scales, or other weighing devices, of any person in this state desiring such tests, and if the commissioner finds such scales, or other weighing devices to be accurate, within the approved tolerances, he may place his seal of approval thereon. The commissioner shall charge for such services a sum sufficient to defray the expenses thereof, and no part of such cost shall be paid from other funds of said commissioner. A strict accounting of all sums received for such testing and approval shall be made.

Miss. Code Ann. § 75-27-213 Weigher, defined; bond.

The person who is responsible for the weighing and recording of weights of animals sold at such barns shall be known as a weigher. Each weigher, or any person so designated by the owner or weigher, shall be bonded in the penal sum of one thousand dollars ($1,000.00) with sureties to be approved by the secretary of state for the faithful performance of the duties of his office.

Miss. Code Ann. § 75-27-215 Licensing of auctioneers; auctioneer not to buy cattle.

All auctioneers shall be licensed by the payment of a fee of twenty-five dollars ($25.00) per year and no auctioneer shall be permitted to buy cattle in his name during the period while actually engaged in auctioneering.

Miss. Code Ann. § 75-27-217 Location of scales; equipment.

All scales used in the weighing of livestock at public auction shall be so located and operated that they will at all times be conveniently accessible. Provided, further, that scales shall be equipped with weight indicator to provide exact duplicate of weight on each animal weighed.

Miss. Code Ann. § 75-27-219 Schedule of charges to be posted.

Each barn shall be required to post in a conspicuous place, printed in large type letters and numbers, not less than 36 point type, a complete schedule of charges to be made on the handling of all types of sales. This schedule shall remain permanently posted.

Miss. Code Ann. § 75-27-221 Fine or imprisonment for violation of article.

Any person, firm, corporation, association, or co-operative violating any of the provisions of this article or any of the rules and regulations promulgated hereunder shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment of not more than three (3) months, or by both such fine and imprisonment. If the commissioner of agriculture and commerce shall find, upon examination or test, that any person, firm or corporation has violated any of the provisions of this article or rules or regulations hereunder, he or his duly authorized agent or agents may institute proceedings in a court of competent jurisdiction to have such person, firm, corporation, association, or co-operative convicted therefor, or the said commissioner may, in his discretion, report the results of such inspection to the district attorney or county attorney having jurisdiction, together with such other evidence of said violation as he shall deem necessary, and any certificate of such inspection or test, properly certified by affidavit shall be competent evidence in any court of this state. It shall be the duty of said district attorney or county prosecuting attorney to institute proceedings at once against the person, or persons, firms, corporations, associations, or co-operatives charged with such violations.

Miss. Code Ann. § 75-27-223 Initial testing to be made before prosecution.

No prosecutions shall be commenced under this article for violations of Sections 75-27-201 and 75-27-203 hereof until the initial testing of scales has been made or sought to be made by the commissioner of agriculture and commerce or his representatives.

Miss. Code Ann. § 75-27-301 Short title.

This article shall be cited as the “Bonded Weighmaster’s Law.”

Miss. Code Ann. § 75-27-303 Definitions.

For the purposes of this article, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise: “Bonded weighmaster” shall mean any person engaged in the business of public weighing who shall weigh or measure any property, commodity, produce or article and issue therefor a weight certificate which shall be accepted as the true and accurate weight or measure upon which the property, commodity, produce or article is offered for sale or sold and shall be licensed by the Commissioner of Agriculture and Commerce of the State of Mississippi for such office. “Public weighing” shall mean the performance of the service of weighing or measuring and the issuing of an official certificate of weight or measure for such service for any person, upon request or otherwise, with or without compensation, of property, commodity, produce or article other than such property, commodity, produce or article being bought or sold by a bonded weigher or his or her employer. “Person” shall mean any individual, company, cooperative, partnership, corporation, firm or association. “Weighing or measuring device” shall mean any lawful device used for the weighing or measuring of any property, commodity, produce or article. “Commissioner” shall mean the Commissioner of Agriculture and Commerce of the State of Mississippi.

Miss. Code Ann. § 75-27-305 Qualifications for license as bonded weighmaster; records of applications and licenses.

A citizen of the United States or a person who has declared his intention of becoming such a citizen, who is a resident of the State of Mississippi, not less than twenty-one (21) years of age, of good moral character, who has the ability to weigh accurately and to make correct weight certificates, and who has received from the commissioner a license as a bonded weighmaster, shall be styled and authorized to act as a bonded weighmaster. The commissioner may adopt rules and regulations for determining the qualifications of the applicant for license as a bonded weighmaster. The commissioner may pass upon the qualifications of the applicant upon the basis of the information supplied in the application, may examine such applicant orally or in writing, or both, for the purpose of determining his or her qualifications. The commissioner shall grant licenses to such applicants as may be found to possess the qualifications required herein. The commissioner shall keep a record of all such applications and of all licenses issued thereon.

Miss. Code Ann. § 75-27-307 Licensing provisions; fees; compensation of bonded weighmaster.

Any person, as defined by Section 75-27-303(3), or business before engaging in business as a public weighmaster shall obtain a license from the commissioner. Applications for such license shall be made on forms prescribed and furnished by the commissioner. Licenses issued hereunder by the commissioner shall expire on June 30 of each year and application for renewal thereof shall be made annually, before the expiration date. The fee for such license and all subsequent renewals for an individual who is not employed by a business shall be Twenty-five Dollars ($25.00). The fee for such license and all subsequent renewals for a business is One Hundred Dollars ($100.00), and such license shall cover all employees of that business. Funds collected from such license fees shall be paid into the State Treasury to the credit of the General Fund. Licenses issued hereunder shall not be transferable. Each application for license shall be accompanied by a signed weighmaster’s oath, a surety bond as required herein and a statement certifying that the weighing or measuring device used has been tested and declared to be accurate, within tolerances allowed by NBS Handbook 44 for such device, by the state weights and measures jurisdiction. The issuance of a license as a bonded weighmaster shall not obligate the state to pay to the licensee any compensation for his or her services as a bonded weighmaster. A bonded weighmaster may not officially weigh or measure any property, commodity, produce or article unless he or she holds a valid license issued by the commissioner. A bonded weighmaster’s license may be revoked by the commissioner for violation of the provisions of this law or regulations promulgated hereunder; provided, however, such bonded weighmaster shall be permitted a hearing prior to the revocation of such license. The following persons shall not be required, but shall be permitted, to obtain licenses as bonded weighmasters: A weights and measures officer employed by the Department of Agriculture and Commerce when acting within the scope of his official duties; A person weighing or measuring property, produce, commodities or articles that he/she or his/her employer, if any, is either buying or selling; A person weighing or measuring property, produce, commodities or articles in conformity with the requirements of federal statutes or the statutes of this state relative to warehousemen or processors; Employees of the state or federal government for the performance of their duties under regulations of the Federal Grain Inspection Service (FGIS); All persons or businesses operating under the jurisdiction of the Interstate Commerce Act.

Miss. Code Ann. § 75-27-309 Oath of bonded weighmaster.

Each person, at the time application is made for a bonded weighmaster’s license, shall execute an official weighmaster’s oath in which he agrees to lawfully and faithfully fulfill the duties and responsibilities of a bonded weighmaster. The weighmaster’s oath shall be made a part of each annual renewal of such bonded weighmaster’s license. The bonded weighmaster’s oath shall be supplied to the applicant by the commissioner.

Miss. Code Ann. § 75-27-311 Seal; penalty for improper use.

Each bonded weighmaster shall, at his or her own expense, provide himself or herself with an impression seal. The licensee’s name and the word “Mississippi” shall be inscribed around the outer margin of the seal and the words “Bonded Weighmaster” shall be inscribed in the center thereof. Such seal, or licensee’s name and number, shall be impressed or inscribed electronically upon each weight certificate issued by such bonded weighmaster, and such seal or licensee’s name and number, when applied to weight certificates, shall be recognized authority of accuracy of weight or measure recorded thereon. The use of such bonded weighmaster’s seal by any person not holding a valid weighmaster’s license shall be a misdemeanor and such person shall be punished as provided in this article. If a licensed bonded weighmaster shall allow his or her bonded weighmaster’s seal to be used by another person, such bonded weighmaster shall be guilty of a misdemeanor and shall be punished as provided herein and his or her license may be revoked.

Miss. Code Ann. § 75-27-313 Surety bond.

At the time application is made for a bonded weighmaster’s license and before the issuance of such license by the commissioner, applicant shall file with the commissioner a bond in the penal sum of Five Thousand Dollars ($5,000.00) payable to the State of Mississippi with surety to be approved by the Commissioner of Insurance for the faithful performance of the duties of a bonded weighmaster. The bond must be conditioned on the accurate weight or measure of the property, commodity, produce or article recorded on the official weight or measurement certificate issued by the bonded weighmaster and on compliance with all laws and rules governing public weighers. Said bond may be put in suit by any damaged party. However, the aggregate liability of the surety regardless of the number of claims shall not exceed the bond penalty. Evidence shall be supplied to the commissioner annually, at the time license is renewed, that the bond continues in force and effect. In the event the bond is cancelled or will not be renewed, the bonding company shall notify the commissioner in writing at least thirty (30) days prior to the cancellation of such bond. If a bond is cancelled or fails to be renewed by the bonded weighmaster, the license issued hereunder shall automatically stand void and repealed; provided, however, the license shall not stand void and repealed if a new bond, as required herein, is filed with the commissioner prior to the expiration date of the original bond.

Miss. Code Ann. § 75-27-315 Form of weight or measurement certificate; completion of form; false weight or measurement certificate.

The commissioner shall prescribe the form of weight or measurement certificate to be used by all bonded weighmasters in this state. Such weight or measurement certificate shall include but shall not be limited to the following: The name of the property, commodity, produce or article. The declared owner or agent of the owner or the consignee or the agent of the consignee of the property, commodity, produce or article weighed or measured. The accurate weight or measurement of the property, commodity, produce or article. The means (vessel, railroad car, truck, etc.) by which the property, commodity, produce or article was being transported at the time it was weighed or measured. Any trade or other mark of identification thereon and such other information as may be necessary to distinguish or identify the property, commodity, produce or article from a like kind. A space designated for the bonded weighmaster seal and the statement “My license expires_______________(Date).” Signature of the bonded weighmaster who weighed or measured the property, commodity, produce or article recorded on such official weight or measurement certificate. Such additional information as the commissioner deems necessary for the lawful and accurate recording of weights or measurements. A licensed bonded weighmaster shall not enter on a weight or measurement certificate issued by him or her any weight or measurement values but such as he or she has personally determined, and shall make no entries on a weight or measurement certificate issued by some other person. A weight or measurement certificate shall be so prepared as to show clearly that weight, weights, measure or measurements were actually determined. If the weight certificate form provides for the entry of gross, tare and net weights, in any case in which only the gross, tare and net weights is determined by the weighmaster, he or she shall strike through or otherwise cancel the printed entries for the weights not determined or computed. If gross and tare weights are shown on a weight certificate and both weights were not determined on the same scale and on the day for which the certificate is dated, the weighmaster shall identify on the certificate the scale used for determining each such weight and the date of each such determination. Such weight certificate when so made, properly signed and sealed shall be prima facie evidence of the accuracy of such recorded weights or measurements. Bonded weighmasters shall keep and preserve in an orderly manner, for a period of at least one (1) year, a legible copy of each weight or measurement certificate issued by said licensee, which copies shall be available at all reasonable times for inspection by the commissioner or his representative. A bonded weighmaster who intentionally or knowingly issues a weight or measurement certificate showing a false weight or measurement for a property, commodity, produce or article shall be guilty of a misdemeanor and shall be punished as provided herein.

Miss. Code Ann. § 75-27-317 Use of weighing or measuring device.

When making a weight or measurement determination as provided for by this article, a licensed bonded weighmaster shall use a weighing or measuring device that is of a type suitable for the weighing or measuring of the amount and kind of material to be weighed or measured and that has been tested and approved for use by a weights and measures officer of this state within a period of twelve (12) months immediately preceding the date of the weighing. A licensed bonded weighmaster shall not use any scale to weigh a load the value of which exceeds the nominal or rated capacity of the scale. When the gross or tare weight of any vehicle or combination of vehicles is to be determined, the weighing shall be performed upon a scale having a platform of sufficient size to accommodate such vehicle or combination of vehicles. Each separate unit shall be entirely disconnected before weighing and a separate weight certificate shall be issued for each such separate unit.

Miss. Code Ann. § 75-27-319 Powers and duties of state commissioner of agriculture and commerce.

The Commissioner of Agriculture and Commerce of the State of Mississippi is hereby authorized, empowered and directed to administer and enforce this article and may prescribe, adopt and enforce rules and regulations as may be necessary to carry out the stated intent herein. The commissioner may delegate to one or more persons employed by the department of agriculture and commerce the authority to do and perform any and all of the functions required to be done and performed by the commissioner under this article.

Miss. Code Ann. § 75-27-321 Improper use of title of licensed weighmaster, etc.; suspension or revocation of license; falsification of weight or measurement certificate; penalties.

No person shall assume the title of licensed weighmaster, or any title of similar import, perform the duties or acts to be performed by a licensed weighmaster under this article, hold himself or herself out as a licensed weighmaster, issue any weight certificate, ticket, memorandum or statement for which a fee is charged, or engage in the full-time or part-time business of public weighing, unless he or she holds a valid license as a bonded weighmaster. The commissioner is authorized to suspend or revoke the license of any bonded weighmaster (a) when he is satisfied, after a hearing upon ten (10) days’ notice to the licensee, said licensee has violated any provision of this regulation, or (b) when a bonded weighmaster has been convicted in any court of competent jurisdiction of violating any provision of this regulation. Any person who requests a bonded weighmaster to weigh or measure any property, produce, commodity or article falsely or incorrectly, or who requests a false or incorrect weight or measurement certificate, or any person who issues a weight or measurement certificate simulating the weight or measurement certificate prescribed in this article and who is not a bonded weighmaster, shall be guilty of a misdemeanor. Any bonded weighmaster who falsifies a weight or measurement certificate, or who delegates his authority to any person not licensed as a bonded weighmaster, or who preseals a weight or measurement certificate with his official seal before performing the act of weighing or measuring, shall be guilty of a misdemeanor. Any person who violates any provision of this article or any rule or regulation promulgated pursuant thereto for which no specific penalty had been provided shall be guilty of a misdemeanor.

Miss. Code Ann. § 75-27-323 Penalties for violations; injunctive relief.

Any person convicted of violating any of the provisions of this article or who shall impede, hinder or otherwise prevent or attempt to prevent the commissioner or his duly authorized agent in performance of his duty in connection with the provisions of this article shall be adjudged guilty of a misdemeanor and shall upon conviction be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment for not more than six (6) months, in the discretion of the court. Nothing in this article shall be construed as requiring the commissioner or his duly appointed agent or representative to report for prosecution or for the institution of legal proceedings as a result of minor violations of this article when he or she believes that the public interest will best be served by a suitable notice of warning in writing. 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 and adopted hereunder notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.

Miss. Code Ann. § 75-27-325 Supplemental nature of this article; effect of conflict with other laws.

The provisions of this article shall be supplemental to the provisions of Sections 75-27-1 through 75-27-223 and any other laws providing for weights and measures of property; however, if any conflict arises between any provision of this article and such other laws, the provisions of this article shall control.