MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Agriculture

By: Representative Holland (By Request)

House Bill 941

AN ACT TO AMEND SECTION 75-29-601, MISSISSIPPI CODE OF 1972, TO REVISE LABELING REQUIREMENTS FOR HONEY AND HONEY PRODUCTS; TO CREATE NEW SECTION 75-29-602, MISSISSIPPI CODE OF 1972, TO REQUIRE LICENSING OF THE LABEL GUARANTOR OF ANY CONTAINER OF HONEY OR HONEY PRODUCTS; TO AMEND SECTION 75-29-603, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE LABEL GUARANTOR SHALL REFUND THE PURCHASE PRICE OR FURNISH ADDITIONAL CONTAINERS OF HONEY TO A RETAILER WHEN SUCH HONEY SAMPLES ARE OBTAINED FOR LABORATORY ANALYSIS; TO CREATE NEW SECTION 75-29-609, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO ASSESS CERTAIN PENALTIES FOR VIOLATIONS; TO CREATE NEW SECTION 75-29-611, MISSISSIPPI CODE OF 1972, TO PROVIDE PROCEDURES FOR THE REVOCATION OF A PERSON'S LICENSE FOR VIOLATIONS OF THIS CHAPTER; TO CREATE NEW SECTION 75-29-613, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO INSTITUTE CERTAIN LEGAL ACTIONS FOR VIOLATIONS OF THIS CHAPTER; TO REPEAL SECTION 75-29-605, MISSISSIPPI CODE OF 1972, WHICH PROVIDES PENALTIES FOR VIOLATIONS OF THE HONEY AND HONEY PRODUCTS LAW; TO REPEAL SECTION 75-29-607, MISSISSIPPI CODE OF 1972, WHICH REQUIRES HONEY DISTRIBUTORS TO FURNISH CERTAIN RECORDS TO THE COMMISSIONER OF AGRICULTURE; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 75-29-601, Mississippi Code of 1972, is amended as follows:

75-29-601. (1) Every container of honey or honey products sold, offered or exposed for sale, by a person, firm, * * * corporation, cooperative or other entity 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 truly certifying the net contents of the container, the name, brand, name and address of the label guarantor offering such honey or honey products for sale, and a true statement of the contents contained therein.

(2) It shall be unlawful for any person, firm, * * * corporation, cooperative or other entity to label and/or sell, offer for sale or expose for sale at the retail level of trade any product as "pure honey" that does not meet the minimum requirements established by the Mississippi Department of Agriculture and Commerce. Artificial honey products not of one hundred percent (100%) pure honey shall be labeled in the English language as "artificial honey," and the word "artificial" shall be as prominently shown as the word "honey," and a list of the ingredients in the products and a percent by weight of each ingredient shall be shown on the label.

(3) It shall be unlawful for any person, firm, corporation, cooperative or other entity to use a fictitious name or address on the container label required herein.

SECTION 2. The following section shall be codified as Section 75-29-602, Mississippi Code of 1972:

75-29-602. Before any container of honey or honey products may 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 honey or honey products in the State of Mississippi.

The fee for each such license is Fifty Dollars ($50.00). Application shall be made on forms prescribed and furnished by the Commissioner of Agriculture and Commerce. The license allows the licensee to sell any honey or honey products which meet the requirements of this article. 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. However, a farmer domiciled in Mississippi who can demonstrate that the honey offered for sale by him or her was produced from his or her own apiary shall be exempt from the licensing requirements of this section.

SECTION 3. Section 75-29-603, Mississippi Code of 1972, is amended as follows:

75-29-603. (1) The Mississippi Department of Agriculture and Commerce is hereby charged with the responsibility of enforcing this article and the Commissioner of Agriculture and Commerce or his representative shall be furnished samples of honey or honey products 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 honey or honey products 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, in his discretion, to issue an order to stop the sale or distribution of any honey or honey products found to be in violation of this article and to issue an order of 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 honey or honey products sold in violation of this article, such honey or honey products shall be picked up by the label guarantor of such products and the buyer of the honey or honey products sold in violation of this article shall be refunded the purchase price by the label guarantor. Failure of a label guarantor to pick up the honey or honey products found 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 article.

(3) The Commissioner of Agriculture and Commerce of the State of Mississippi is hereby authorized and empowered, in his discretion, to make and promulgate rules and regulations as may be necessary to carry out the provisions of this article.

(4) The Commissioner of Agriculture and Commerce may publish the names and addresses of violators and such information pertaining to violations of this article as he deems appropriate.

SECTION 4. The following section shall be codified as Section 75-29-609, Mississippi Code of 1972:

75-29-609. Any person found by the commissioner to be in violation of this article 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 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 the 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.

SECTION 5. The following section shall be codified as Section 75-29-611, Mississippi Code of 1972:

75-29-611. (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 before an order is 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 shall 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 before an order is entered, 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 shall 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 before the time of the hearing.

SECTION 6. The following section shall be codified as Section 75-29-613, Mississippi Code of 1972:

75-29-613. (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 75-29-611.

(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 7. Section 75-29-605, Mississippi Code of 1972, which provides penalties for violations of the honey and honey products law, is repealed.

SECTION 8. Section 75-29-607, Mississippi Code of 1972, which requires honey distributors to furnish certain records to the Commissioner of Agriculture, is repealed.

SECTION 9. This act shall take effect and be in force from and after July 1, 1997.