MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Agriculture

By: Representative Holland (By Request)

AN ACT TO AMEND SECTION 75-29-201, MISSISSIPPI CODE OF 1972, TO DESIGNATE THE PERSON OR PROCESSOR OFFERING SYRUP FOR SALE AS THE LABEL GUARANTOR AND TO CLARIFY WHO WILL BE RESPONSIBLE FOR A PRODUCT'S LABELING AND CONTENTS; TO AMEND SECTION 75-29-203, MISSISSIPPI CODE OF 1972, TO REQUIRE A LABEL GUARANTOR TO FURNISH SAMPLES FOR LABORATORY ANALYSIS AND REMOVE THE REQUIREMENT THAT THE AGRICULTURE COMMISSIONER PURCHASE THE SYRUP; TO AMEND SECTION 75-29-205, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AGRICULTURE COMMISSIONER'S AUTHORITY TO AUTHORIZE A STOP SALE ORDER ON IDENTICALLY LABELED PRODUCTS; TO AMEND SECTION 75-29-207, MISSISSIPPI CODE OF 1972, TO CLARIFY WHO WILL BE PROHIBITED FROM USING A FICTITIOUS NAME OR ADDRESS ON A LABEL; TO CODIFY NEW SECTION 75-29-213, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE AGRICULTURE COMMISSIONER TO ASSESS CIVIL PENALTIES, ESTABLISH APPEAL PROCEDURES AND HIGHER PENALTY RATES FOR PERSONS GUILTY OF MISDEMEANOR CHARGES; TO CODIFY NEW CODE SECTION 75-29-215, MISSISSIPPI CODE OF 1972, TO REQUIRE A LABEL GUARANTOR TO ACQUIRE A LICENSE BEFORE OFFERING SYRUP FOR SALE AT RETAIL OUTLETS; TO CODIFY NEW CODE SECTION 75-29-217, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CERTAIN PROCEDURES TO BE FOLLOWED WHEN THE AGRICULTURE COMMISSIONER DEEMS IT NECESSARY TO ISSUE AN ORDER TO REVOKE A PERSON'S LICENSE FOR VIOLATIONS OF CHAPTER 29, TITLE 75, MISSISSIPPI CODE OF 1972; TO CODIFY NEW CODE SECTION 75-29-219, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CERTAIN ADDITIONAL LEGAL ACTIONS TO BE TAKEN BY THE AGRICULTURE COMMISSIONER FOR VIOLATIONS OF CHAPTER 29, TITLE 75, MISSISSIPPI CODE OF 1972; TO REPEAL SECTION 75-29-211, MISSISSIPPI CODE OF 1972, WHICH PROVIDES PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF ARTICLE 29, TITLE 75, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 75-29-201, Mississippi Code of 1972, is amended as follows:

75-29-201. Every container of syrup sold, offered, or exposed for sale, through a retail outlet, by an individual, firm or corporation in the State of Mississippi shall have on the outside of each container a paper label, permanent type stamped imprint, or embossed material on the container itself, plainly printed in the English language, and truly certifying the net contents of the packet, the name, brand, and the name and address of the label guarantor, offering such syrup for sale, and a true statement of the contents contained therein.

Syrup from the juice of sugar cane or sorghum may be labeled "pure cane" or "pure sorghum" syrup to coincide with the contents therein.

Any other type of syrup must show the name of all ingredients used in making same.

SECTION 2. Section 75-29-203, Mississippi Code of 1972, is amended as follows:

79-29-203. (1) The Commissioner of Agriculture and Commerce of Mississippi is hereby vested with the authority and responsibility for carrying out the provisions of this article, and the Commissioner of Agriculture and Commerce, or his representative, shall be furnished samples of syrup from the label guarantor, upon request and shall have such products analyzed by the State Chemist. The label guarantor shall be responsible for refunding the purchase price or furnish additional containers to a retailer when such syrup samples are obtained from his or her place of business by the Commissioner of Agriculture and Commerce or his representative for laboratory analysis.

(2) The Commissioner of Agriculture and Commerce is authorized to publish the names and addresses of violators and such information pertaining to violation of this chapter as he deems appropriate.

SECTION 3. Section 75-29-205, Mississippi Code of 1972, is amended as follows:

75-29-205. The Commissioner of Agriculture and Commerce is authorized, in his discretion, to issue an order to stop the sale or distribution of any syrup found to be in violation of this article and to issue an order to stop sale on any other identically labeled products found in the Mississippi channels of trade. Upon written notice by the commissioner to the label guarantor of the syrup sold in violation of this article, said syrup shall be picked up by the label guarantor of same and the buyer of said syrup shall be refunded the purchase price by the label guarantor. Failure of a label guarantor to pick up the syrup sold in violation and identically labeled products found in the Mississippi channels of trade and to make the necessary reimbursement to the retailer within thirty (30) days from the date of notice shall be deemed as a violation of this chapter.

SECTION 4. Section 75-29-207, Mississippi Code of 1972, is amended as follows:

75-29-207. It shall be unlawful for any person, firm, corporation, cooperative or any other entity to use a fictitious name or address on the label.

SECTION 5. The following shall be codified as Section 75-29-213, Mississippi Code of 1972:

75-29-213. Before any container of syrup can be sold, offered or exposed for sale through a retail outlet the label guarantor shall obtain a license from the Commissioner of Agriculture and Commerce to sell or distribute syrup in the State of Mississippi.

The fee for each such license shall be Fifty Dollars ($50.00). Application shall be made on forms prescribed and furnished by the Commissioner of Agriculture and Commerce. The license will allow the licensee to sell any syrups, which meet the requirements of this article. A license issued hereunder shall expire on June 30 each year or until such time as it may be suspended or revoked for cause as provided for in this article. Such licenses shall be nontransferable; provided, however, a farmer domiciled in Mississippi who can demonstrate that the syrup offered for sale by him or her was produced from sugar cane or sorghum cane grown on his or her own farm shall be exempt from the licensing requirements of this section.

SECTION 6. The following shall be codified as Section 75-29-215, Mississippi Code of 1972:

75-29-215. Any person found by the commissioner to be in violation of this chapter may be assessed a penalty in an amount of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) and each subsequent violation at a fee of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00). In addition to or in lieu of such penalties the commissioner may suspend or revoke the license of such person issued under terms of this article. The commissioner shall notify such person of such action in writing delivered by United States Mail. Such person shall have fifteen (15) days after said notice is mailed within which to request in writing a hearing before the commissioner or his designee for the purpose of deciding whether or not the penalty imposed should be allowed to stand. The commissioner shall have the power to issue subpoenas to compel the attendance of witnesses or the production of documents or physical evidence to administer oaths and hear testimony.

If such person does not deliver said written request for a hearing within said time to the commissioner, the commissioner's original decision shall be final. An appeal, if taken, must be perfected within thirty (30) days after the decision of the commissioner with the circuit court of the county of the residence of the accused. If such person be a nonresident of the State of Mississippi, the case shall be appealed to the Circuit Court of the First Judicial District of Hinds County, Mississippi. If any penalty imposed by the commissioner is not paid within thirty (30) days of becoming final, the commissioner may take such legal action as he deems appropriate to collect such penalty and the court shall award the commissioner reasonable attorney's fees and court costs to collect the penalty.

SECTION 7. The following shall be codified as Section 75-29-217, Mississippi Code of 1972:

75-29-217. (1) Whenever it may appear to the Commissioner of Agriculture and Commerce or to his agent, either upon investigation or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act, practice or transaction which is prohibited by any law or regulation governing activities for which a license from the Department of Agriculture and Commerce is required by this article, whether or not the person has so registered or obtained such a license or permit, the Commissioner of Agriculture and Commerce may issue an order, if he deems it to be in the public interest or necessary for the protection of the citizens of this state, prohibiting such person from continuing such act, practice or transaction or suspending or revoking any such registration, license or permit held by such person.

(2) In situations where persons otherwise would be entitled to a hearing prior to an order entered pursuant to subsection (1) of this section, the Commissioner of Agriculture and Commerce may issue such an order to be effective upon a later date without hearing unless a person subject to the order requests a hearing within ten (10) days after receipt of the order. Failure to make such request shall constitute a waiver of any provision of law for a hearing. The order shall contain or shall be accompanied by a notice of opportunity for hearing stating that a hearing must be requested within ten (10) days of receipt of the notice and order. The order and notice shall be served in person by the Commissioner of Agriculture and Commerce or his agent or by certified mail, return receipt requested. In the case of an individual registered with or issued a license or permit by the Department of Agriculture and Commerce receipt of the order and notice will be conclusively presumed five (5) days after the mailing of the order by certified mail, return receipt requested, to the address provided by such person in his most recent registration or license or permit application.

(3) In situations where persons otherwise would be entitled to a hearing prior to an order, the Commissioner of Agriculture and Commerce may issue an order to be effective immediately if the commissioner or his agent has reasonable cause to believe that an act, practice or transaction is occurring or is about to occur; that the situation constitutes a situation of imminent peril to the public safety or welfare; and that the situation therefore requires emergency action. The emergency order shall contain findings to this effect and reasons for the determination. The order shall contain or be accompanied by a notice of opportunity for hearing which may provide that a hearing will be held if and only if a person subject to the order requests a hearing within ten (10) days of the receipt of the order and notice. The order and notice shall be served by the Commissioner of Agriculture and Commerce, or his agent, by certified mail, return receipt requested. In the case of an individual registered with or issued a license or permit by the Department of Agriculture and Commerce, receipt of the order and notice will be conclusively presumed five (5) days after the mailing of the order by certified mail, return receipt requested, to the address provided by such person in his most recent registration or license or permit application.

(4) Any request for hearing made pursuant to subsections (2) and (3) of this section shall specify: (a) in what respects such person is aggrieved, (b) any and all defenses such person intends to assert at the hearing, (c) affirmation or denial of all the facts and findings alleged in the order, and (d) an address to which any further correspondence or notices in the proceeding may be mailed. Upon such a request for hearing, the Commissioner of Agriculture and Commerce shall schedule and hold the hearing, unless postponed by mutual consent, within thirty (30) days after receipt by the commissioner of the request therefor. The commissioner shall give the person requesting the hearing notice of the time and place of the hearing by certified mail to the address specified in the request for hearing at least fifteen (15) days prior to the time of the hearing.

SECTION 8. The following shall be codified as Section 75-29-219, Mississippi Code of 1972:

75-29-219. (1) The commissioner may institute suits or other legal proceedings in any court of proper venue as may be required for the enforcement of any law or regulation governing activities for which registration with or a license or permit from the department is required by this article.

(2) The commissioner may institute an action in any court of proper venue to enforce any order made by him pursuant to the provisions of Section 75-29-212.

(3) In cases in which the commissioner institutes a suit or other legal proceeding to enforce his order, the court may, among other appropriate relief, issue a temporary restraining order or a preliminary, interlocutory or permanent injunction restraining or enjoining persons, and those in active concert with them, from engaging in any acts, practices or transactions prohibited by orders of the commissioner or any law or regulation governing activities for which registration with or a license or permit from the Department of Agriculture and Commerce is required.

SECTION 9. Section 75-29-211, Mississippi Code of 1972, which provided penalties for violations of the provisions of Article 29, Title 75, Mississippi Code of 1972, is repealed.

SECTION 10. This act shall take effect and be in force from and after July 1, 1997.