MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Agriculture

By: Representative Holland (By Request)

House Bill 942

AN ACT TO AMEND SECTION 69-23-11, MISSISSIPPI CODE OF 1972, TO REVISE PROCEDURES INVOLVING VIOLATIONS OF THE MISSISSIPPI PESTICIDE LAW; TO CREATE NEW SECTION 69-23-135, MISSISSIPPI CODE OF 1972, TO PROVIDE PENALTIES FOR VIOLATIONS OF THE MISSISSIPPI PESTICIDE APPLICATION LAW; TO CREATE NEW SECTION 69-19-15, MISSISSIPPI CODE OF 1972, TO PROVIDE PENALTIES FOR ENGAGING IN CERTAIN PROFESSIONAL SERVICES WITHOUT A LICENSE FROM THE COMMISSIONER OF AGRICULTURE AND COMMERCE; TO CREATE NEW SECTION 69-23-29, MISSISSIPPI CODE OF 1972, TO PROVIDE PENALTIES FOR VIOLATIONS OF THE MISSISSIPPI PESTICIDE LAW; TO REPEAL SECTIONS 69-19-11, 69-23-19 AND 69-23-129, MISSISSIPPI CODE OF 1972, WHICH PROVIDE PENALTIES FOR VIOLATIONS REGARDING PESTICIDES AND PESTICIDE APPLICATION; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 69-23-11, Mississippi Code of 1972, is amended as follows:

69-23-11. (1) The commissioner or his employees, with proper identification and during normal working hours, shall have free access to all places of business, factories, buildings, carriages, cars, stores, warehouses and other places where pesticides are offered for sale or kept for sale or distribution or use and application, and shall have authority to inspect or open any container of pesticide and to take therefrom a sample for the purpose of examination and analysis. It shall be the duty of the commissioner to take such samples and deliver them to the state chemist for examination and analysis.

(2) It shall be the duty of the state chemist to cause as many analyses to be made of samples delivered to him by the commissioner as may be necessary to properly carry into effect the intent of this chapter. He shall make reports of such analysis to the commissioner and to the manufacturer, firm or person responsible for placing on the market the pesticide represented by the samples.

(3) If it shall appear that any pesticide fails to comply with the provisions of this chapter, or if provisions of this chapter have been violated, the commissioner may proceed with appropriate action as provided in this chapter or under the administrative hearing procedures provided in Section 69-25-51 et seq. If, * * * in the opinion of the commissioner, it shall appear that the provisions of the chapter have been violated,  * * * the commissioner may refer the facts to the county attorney, district attorney or attorney general.  * * * However, * * * nothing in this chapter shall be construed as requiring the commissioner to report for prosecution or for the institution of libel proceedings minor violations of this chapter whenever he believes that the public interest will be best served by a suitable notice of warning in writing.

(4) It shall be the duty of each county attorney, district attorney or attorney general to whom any such violation is reported to cause appropriate proceedings to be instituted and prosecuted in the appropriate court without delay.

(5) The commissioner shall, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of this chapter.

SECTION 2. The following section shall be codified as Section 69-23-135, Mississippi Code of 1972:

69-23-135. (1) (a) Any person violating any of the provisions of this chapter or the rules and regulations made by the commissioner pursuant thereto at a minimum is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) and not 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 at the discretion of the court having jurisdiction.

(b) Each violation and each day's violation shall constitute a separate offense.

(c) Any person violating any of the provisions of this chapter or the rules and regulations made by the commissioner pursuant thereto in such a way that causes harm or poses a threat to man, animals or the environment is guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) and not more than Twenty-Five Thousand Dollars ($25,000.00) or by imprisonment in the State Penitentiary for a term of not more than twenty (20) years or by both such fine and imprisonment for each violation.

(2) Each violation of this chapter or the rules and regulations promulgated thereunder may subject the violator to civil action as provided for in Sections 69-25-51 through 69-25-65.

SECTION 3. The following section shall be codified as Section 69-19-15, Mississippi Code of 1972:

69-19-15. (1) (a) Any person violating any of the provisions of this chapter or the rules and regulations made by the commissioner pursuant thereto at a minimum is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) and not 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 at the discretion of the court having jurisdiction.

(b) Each violation and each day's violation shall constitute a separate offense.

(c) Any person violating any of the provisions of this chapter or the rules and regulations made by the commissioner pursuant thereto in such a way that causes harm or poses a threat to man, animals or the environment is guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) and not more than Twenty-five Thousand Dollars ($25,000.00) or by imprisonment in the State Penitentiary for a term of not more than twenty (20) years or by both such fine and imprisonment for each violation.

(2) Each violation of this chapter or the rules and regulations promulgated thereunder may subject the violator to civil action as provided for in Sections 69-25-51 through 69-25-65.

SECTION 4. The following section shall be codified as Section 69-23-29, Mississippi Code of 1972:

69-23-29. (1) (a) Any person violating any of the provisions of this chapter or the rules and regulations made by the commissioner pursuant thereto at a minimum is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) and not 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 at the discretion of the court having jurisdiction.

(b) Each violation and each day's violation shall constitute a separate offense.

(c) Any person violating any of the provisions of this chapter or the rules and regulations made by the commissioner pursuant thereto in such a way that causes harm or poses a threat to man, animals or the environment is guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) and not more than Twenty-Five Thousand Dollars ($25,000.00) or by imprisonment in the State Penitentiary for a term of not more than twenty (20) years or by both such fine and imprisonment for each violation.

(2) Each violation of this chapter or the rules and regulations promulgated thereunder may subject the violator to civil action as provided for in Sections 69-25-51 through 69-25-65.

SECTION 5. Sections 69-19-11, 69-23-19 and 69-23-129, Mississippi Code of 1972, which provide penalties for violations of certain pesticide laws, are repealed.

SECTION 6. This act shall take effect and be in force from and after its passage.