1997 Regular Session
By: Representative Holland
House Bill 701
(As Passed the House)
AN ACT TO AMEND SECTION 69-39-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THE PURPOSE OF THE MISSISSIPPI AGRICULTURAL LIMING MATERIALS ACT OF 1993; TO AMEND SECTION 69-39-5, MISSISSIPPI CODE OF 1972, TO REVISE LABELING AND MINIMUM REQUIREMENTS; TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 69-39-6, MISSISSIPPI CODE OF 1972, TO ESTABLISH GRADES OF AGRICULTURAL LIMING MATERIALS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 69-39-1, Mississippi Code of 1972, is amended as follows:
69-39-1. This chapter shall be known and may be cited as "The Mississippi Agricultural Liming Materials Act of 1993." This chapter shall be administered by the Commissioner of Agriculture and Commerce of the State of Mississippi herein referred to as the "commissioner."
The purpose of this chapter is to provide, in the public interest, for truth in labeling as to agricultural liming material sold, offered or distributed in this state, to set grades of agricultural liming material and to regulate subgrade agricultural liming material thereby promoting the general welfare of the people of this state.
SECTION 2. Section 69-39-5, Mississippi Code of 1972, is amended as follows:
69-39-5. (1) All agricultural liming materials sold, offered or exposed for sale to any person in this state shall have affixed to each package in a conspicuous manner on the outside thereof, a plainly printed, stamped or otherwise marked label, tag or statement or in the case of bulk sales, a final invoice or bill of sale, setting forth at least the following information:
(a) The name and principal office address of the manufacturer or distributor;
(b) The brand or trade name of the material;
(c) The identification of the product as to the type of the agricultural liming material;
(d) The net weight of the agricultural liming material;
(e) The minimum guaranteed percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate if claimed;
(f) The minimum guaranteed content of elemental magnesium (Mg) if claimed;
(g) The minimum guaranteed content of available potassium (K2O) and/or phosphorous (P2O5) if claimed;
(h) The minimum guaranteed percentage of calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists; * * *
(i) The minimum guaranteed percent by weight passing through United States Standard sieves * * *;
(j) The grade of agricultural liming material as required by Section 69-39-6.
(2) In the case where agricultural liming materials are sold by a distributor or retailer, the manufacturer (mining company) of such material shall be responsible for furnishing the distributor or retailer with the information or statement required in this section in order for such distributor or retailer to forward the information or statement to the customer.
(3) No information or statement shall appear on any package label, delivery slip or advertising matter that is false or misleading to the purchaser as to the quality, analysis type or composition of the agricultural liming material.
(4) In the case of any material that has been adulterated subsequent to packaging, labeling or loading thereof and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of such adulteration therein.
(5) At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each brand of material.
(6) When the commissioner determines that the requirement for expressing the calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting label requirements among the states, he may require by regulation thereafter that the minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate shall be expressed in the following form:
Total Calcium (Ca)............................__________percent
Total Magnesium (Mg)..........................__________percent Provided, however, that the effective date of said regulation shall be not less than six (6) months following the issuance thereof.
(7) No agricultural liming material shall be sold in this state which is below the minimums stated hereafter:
(a) All agricultural liming materials, except marl or chalk, offered for sale, sold or distributed in this state shall be crushed or ground to such a degree of fineness, that not less than sixty percent (60%) of the material will pass a ten-mesh screen and not less than twenty-five percent (25%) of the material will pass a sixty-mesh screen.
(b) Marl or chalk offered for sale, sold or distributed in this state as an agricultural liming material shall be processed to such a degree of fineness that not less than seventy percent (70%) of the material will pass a ten-mesh screen.
(c) Limestone and ground shells used as agricultural liming materials shall have a neutralizing value of not less than sixty percent (60%) calcium carbonate equivalent, expressed on a dry weight basis.
(d) Marl or chalk used as agricultural liming material shall have a neutralizing value of not less than sixty percent (60%) calcium carbonate equivalent, expressed on a dry weight basis.
The commissioner is authorized to prescribe by regulation minimum standards for screening and neutralizing value for other types of agricultural liming materials not otherwise provided for herein.
(8) Agricultural liming material shall be exempt from the provisions of this chapter when sold or represented to be sold for purposes other than as an agricultural liming material.
SECTION 3. The following section shall be codified as Section 69-39-6, Mississippi Code of 1972:
69-39-6. Corresponding to the ranges of neutralizing value, screening and content provided herein, the following grades of agricultural liming material are established and required to be made part of the labeling requirements provided by Section 69-39-5:
(a) Grade AAA: Ninety percent (90%) or higher calcium carbonate equivalent; ninety percent (90%) or higher fineness ten-mesh; and fifty percent (50%) or higher fineness sixty-mesh.
(b) Grade AA: Ninety percent (90%) or higher calcium carbonate equivalent; eighty percent (80%) through eighty-nine and nine-tenths percent (89.9%) fineness ten-mesh or forty percent (40%) through forty-nine and nine-tenths percent (49.9%) fineness sixty-mesh.
(c) Grade A: Ninety percent (90%) or higher calcium carbonate equivalent; seventy percent (70%) through seventy-nine and nine-tenths (79.9%) fineness ten-mesh or thirty percent (30%) through thirty-nine and nine-tenths percent (39.9%) fineness sixty-mesh.
(d) Grade B: Eighty percent (80%) through eighty-nine and nine-tenths percent (89.9%) calcium carbonate equivalent; (regardless of the screening standards (fineness)).
(e) Grade C: Seventy percent (70%) through seventy-nine and nine-tenths percent (79.9%) calcium carbonate equivalent (regardless of the screening standards (fineness)).
(f) Below Grade: Agricultural liming material which is less than the standards prescribed for Grades AAA, AA, A, B and C, but above the minimums required by subsection (7) of Section 69-39-5, shall be considered "below grade" and the words "below grade," "below standard" or "substandard," in not less than eight-point type shall be written or printed on the label.
SECTION 4. This act shall take effect and be in force from and after July 1, 1997.