1997 Regular Session
By: Representative Holland (By Request)
House Bill 940
AN ACT TO CREATE NEW SECTION 75-35-325, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO ASSESS PENALTIES FOR VIOLATIONS OF THE MISSISSIPPI MEAT INSPECTION LAW; TO AMEND SECTION 75-35-307, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following section shall be codified as Section 75-35-325, Mississippi Code of 1972:
75-35-325. Any person found by the commissioner to be in violation of this chapter shall be assessed a penalty in an amount of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for violation of this chapter. In addition to or in lieu of such penalties, the commissioner may suspend or revoke the permit or license of such person issued under terms of this chapter. The commissioner shall notify such person of such action in writing delivered by United States Mail. Such person shall have fifteen (15) days after the 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 may issue subpoenas to compel the attendance of witnesses or the production of documents or physical evidence, to administer oaths and to hear testimony.
If such person does not deliver a written request for a hearing within such 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 is 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. The commission may invoke the remedy of injunction to enforce any of the provisions of this chapter. The commissioner may adopt such rules and regulations as may be necessary or desirable to carry out the provision on this chapter.
SECTION 2. Section 75-35-307, Mississippi Code of 1972, is amended as follows:
75-35-307. Except as otherwise specifically provided for in this chapter, the chancery courts are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this chapter, and shall have jurisdiction in all other kinds of cases arising under this chapter.
SECTION 3. This act shall take effect and be in force from and after July 1, 1997.