MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Agriculture

By: Representative Reynolds

AN ACT TO AMEND SECTION 75-33-7, 75-33-33 AND 75-33-39, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM CERTAIN STATE FEES THOSE PERSONS WHO OPERATES ESTABLISHMENTS THAT DEAL EXCLUSIVELY WITH RATITES; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 75-33-7, Mississippi Code of 1972, is amended as follows:

75-33-7. (1) It shall be the duty of every person operating an establishment as defined in Section 75-33-3, except retail dealers, restaurants or eating places and establishments operating under the United State Department of Agriculture system of inspection, to apply to the commissioner for a license to operate such establishment before July 1, 1960, and annually thereafter before July of each succeeding year, and pay to the commissioner at the time said application for registration and license is filed, a fee of Ten Dollars ($10.00) for each establishment operated, and a like fee of Ten Dollars ($10.00) for the renewal thereof.

The fees for the issuance of the license and the renewals thereof, together with such other fees and charges authorized by this article, shall be kept by the commissioner in a separate fund to be used to defray the expenses of the enforcement of this article. A strict accounting shall be made of all funds received and disbursed.

(2) The application for a license shall be made on a form to be supplied by the commissioner, and shall show the location of each establishment and the name and address of the owner, and the name and address of the lessor or lessee. The application shall have attached thereto the affidavit of the person applying for the license that the facts set forth are true and correct.

(3) Upon approval of application for license and payment of license fee, and upon approval of sanitary conditions in the establishment, and every place used in connection therewith, the commissioner shall issue to each applicant a license which shall expire on June 30 of each year, and which shall authorize the operation of said establishment for the fiscal year, or portion thereof, for which a license is issued.

(4) Such license shall be posted in a conspicuous place in or at the place of business of such licensee, and exposed for inspection by any person or persons who may be properly authorized to make such examination.

(5) From and after the first day of July 1960, it shall be unlawful for any person to operate an establishment unless said establishment is duly licensed and inspected in accordance with the provisions of this article.

The Commissioner of Agriculture and Commerce shall develop and administer a poultry inspection program which shall require mandatory poultry product inspection that imposes antemortem and postmortem inspection, reinspection and sanitation requirements that are at least equal to those under the federal Poultry Products Inspection Act of 1968 [21 USCS Sections 451 et seq.], and the regulations thereunder with respect to all or certain classes of persons engaged in slaughtering poultry or processing poultry products for use as human food solely for distribution with this state.

Any existing provision of law in regard to fees, mandatory requirements, other options, or inspection administration in conflict herewith, shall not affect the foregoing mandatory inspection provision.

Provided, further, that the Commissioner of Agriculture and Commerce shall be authorized to enter into a cooperative agreement with the United States Department of Agriculture for compliance with the Poultry Products Inspection Act of 1968 and amendments thereto [21 USCS Sections 451 et seq.], for the purpose of financing and enforcing a mandatory antemortem and postmortem inspection, reinspection and sanitation requirements that are at least equal to those under the within cited federal act with respect to all or certain persons engaged in slaughtering poultry or processing poultry products in this state for use as human food solely for distribution within this state. The commissioner is further empowered to make inspection of other poultry slaughtering and processing facilities when he deems same necessary to the proper sanitation and distribution of such products solely within this state.

(6) Persons operating establishments dealing exclusively with ratites are exempt from any fees assessed under this section.

SECTION 2. Section 75-33-33, Mississippi Code of 1972, is amended as follows:

75-33-33. Any person desiring inspection service over and above the inspection service normally provided by the commissioner for sanitary purposes, and any person desiring a grading service as authorized by this article, shall pay the commissioner for such services. The person requesting such services shall pay the commissioner a sum sufficient to cover the salary or wages of the inspector, or the grader, plus necessary travel and other authorized expenses, and a reasonable sum for administration expenses. All expenses to be paid hereunder shall be that sum agreed upon with the commissioner.

The commissioner is hereby authorized and empowered to recognize and accept any bona fide agreements and arrangements now in existence, or that may hereafter be made, between any person carrying on any business covered by this article and the proper officials of any county and/or municipality wherein local inspection service is to be provided by the county or the municipality as a condition or covenant to the establishing or operating of such business. The commissioner may, in his discretion, enter into an agreement with the appropriate agency of the United States Department of Agriculture to receive financial assistance therefrom in helping carry out the purpose of this article, and to pay a reasonable state-matching contribution as may be required.

The commissioner shall inspect for wholesomeness all plants in operation which are not under federal inspection. Except as otherwise provided herein, the state shall pay the full costs for such inspection after September 1, 1968. Provided that so long as funds are available which have been appropriated by the Legislature for product inspection, the commissioner may employ and train inspection personnel and assign such personnel to plants for inspection for wholesomeness. No state funds shall be used for payment of overtime or for grading. Plant management shall reimburse the Mississippi Department of Agriculture and Commerce for inspection services of quail, rabbits, * * * and * * * exotic animals, except ratites, that are not regulated by mandate under the Federal Meat Inspection Act or the Federal Poultry Products Inspection Act. Plants requesting such services must make application for voluntary inspection services and obtain an establishment "V" number.

SECTION 3. Section 75-33-39, Mississippi Code of 1972, is amended as follows:

75-33-39. (1) The commissioner has the same right of examination, inspection, condemnation and detention of live exotic animals and carcasses, parts of carcasses, meat and meat-food products of exotic animals slaughtered and prepared for shipment in interstate commerce as the commissioner has with respect to exotic animals slaughtered and prepared for shipment in intrastate commerce.

(2) The commissioner has the same right of inspection of establishments in handling exotic animals slaughtered and prepared for shipment in interstate commerce as the commissioner has with respect to establishments handling exotic animals slaughtered and prepared for intrastate commerce.

(3) The record-keeping requirements of Section 75-33-5 that apply to persons slaughtering, preparing, buying, selling, transporting, storing or rendering in intrastate commerce apply to persons performing similar functions with exotic animals in interstate commerce.

(4) The rule-making power of the commissioner relating to animals in intrastate commerce applies to exotic animals in interstate commerce.

(5) The commissioner shall not assess any fees on any person operating an establishment dealing exclusively with ratites.

SECTION 4. This act shall take effect and be in force from and after July 1, 1997.