1997 Regular Session
By: Senator(s) Thames, Carlton, Smith, Jackson, Stogner, Harvey, Browning, Simmons, Hamilton
Senate Bill 2317
AN ACT TO CREATE THE "DEPARTMENT OF AGRICULTURE SPECIAL FUND" TO BE USED BY THE DEPARTMENT OF AGRICULTURE AND COMMERCE, SUBJECT TO APPROPRIATION BY THE LEGISLATURE, FOR THE ADMINISTRATION OF ITS DUTIES AND FUNCTIONS; TO CREATE A NEW CODE SECTION TO BE CODIFIED WITHIN CHAPTER 19 OF TITLE 69, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO IMPOSE A FEE FOR THE LICENSING OF CERTAIN PROFESSIONAL SERVICES; TO AMEND SECTION 69-23-7, MISSISSIPPI CODE OF 1972, TO INCREASE THE PESTICIDE REGISTRATION FEE AND TO AUTHORIZE A FEE FOR SPECIAL LOCAL NEEDS REGISTRATION OF PESTICIDES; TO AMEND SECTION 69-25-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO IMPOSE A FEE FOR THE INSPECTION OF NURSERY DEALERS; TO AMEND SECTION 69-23-27, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO IMPOSE A FEE FOR THE LICENSING OF PESTICIDE DEALERS; TO AMEND SECTIONS 69-23-111 AND 69-23-119, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO IMPOSE A FEE FOR THE CERTIFICATION OF PESTICIDE APPLICATORS AND TO EXEMPT PUBLIC APPLICATORS FROM SUCH FEE; TO AMEND SECTION 79-22-9, MISSISSIPPI CODE OF 1972, TO REVISE THE FEE CHARGED FOR AQUACULTURE CULTIVATION AND MARKETING PERMITS; TO CREATE A NEW CODE SECTION TO BE CODIFIED WITHIN CHAPTER 55 OF TITLE 75, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO IMPOSE AN INSPECTION FEE ON ANY PERSON SELLING AT RETAIL GASOLINE, ALCOHOL BLENDED FUEL, DIESEL FUEL OR KEROSENE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. There is hereby created in the State Treasury a special fund to be known as the "Department of Agriculture Special Fund." Monies deposited in such special fund shall be used by the Department of Agriculture and Commerce, subject to appropriation by the Legislature, for the administration of its duties and functions.
SECTION 2. (1) The Commissioner of Agriculture and Commerce is authorized to impose and collect fees for the administration of this chapter in the following manner:
(a) Issuance of applicator license (entomological work, plant pathological work and weed control work): Three Hundred Dollars ($300.00) per every (3) three years;
(b) Issuance of consultant license (entomological work, plant pathological work and weed control work): One Hundred Dollars ($100.00) per year;
(c) Issuance of tree surgeon license: One Hundred Dollars ($100.00) per year;
(d) Issuance of landscaper license (horticultural and floricultural work): One Hundred Dollars ($100.00) per year;
(e) Issuance of branch office permit: One Hundred Dollars ($100.00) per year;
(f) Issuance of registered employee identification card: Twenty Dollars ($20.00) per card;
(g) Examination: One Hundred Dollars ($100.00) for the first category and Thirty-five Dollars ($35.00) for each additional category.
(2) The fees authorized in this section shall be deposited in the Department of Agriculture Special Fund created in Section 1 of this act.
SECTION 3. Section 69-23-7, Mississippi Code of 1972, is amended as follows:
69-23-7. (1) Every pesticide which is distributed, sold or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered in the office of the commissioner, and such registration shall be renewed annually; provided, that products which have the same formula, are manufactured by the same person, the labeling of which contains the same claims and the labels of which bear a designation identifying the products as the same pesticide may be registered as a single pesticide; and additional names and labels shall be added by supplement statements during the current period of registration. The registrant shall file with the commissioner a statement including:
(a) The name and address of the registrant and the name and address of the person whose name will appear on the label if other than the registrant;
(b) The name of the pesticide;
(c) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use and the use classification as provided for in FIFRA;
(d) If requested by the commissioner, a full description of the tests made and the results thereof upon which the claims are based. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide was registered or last reregistered; and
(e) Any other information required by the commissioner which may be prescribed by regulation.
(2) The registrant shall pay an annual fee of One Hundred Fifty Dollars ($150.00) for each brand or grade of pesticide registered. Sixty-six percent (66%) of the fees collected under authority of this section shall be deposited in a special fund in the Treasury of the State of Mississippi; and subject to appropriation by the Mississippi Legislature, said fees shall be used by the Mississippi Department of Agriculture and Commerce for enforcement of this chapter, and by the Mississippi Department of Environmental Quality to carry out a program of protecting the underground water resources from pesticides. Thirty-four percent (34%) of the fees collected under authority of this section shall be deposited in a special fund in the State Treasury, and subject to appropriation by the Mississippi Legislature, such fees shall be used by the Department of Agriculture and Commerce to implement a waste pesticide disposal program.
(3) The commissioner, whenever he deems it necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide. If it appears to the commissioner that the composition of the articles is such as to warrant the proposed claims for it, and if the article and its labeling and other material required to be submitted comply with the requirements of Section 69-23-5, he shall register the article; provided, that the article is registered under FIFRA. If the state is certified by the administrator of EPA to register pesticides pursuant to Section 24(c) of FIFRA, the commissioner may register the article to meet special local needs if he determines that the registration will not be in violation of FIFRA. The commissioner may charge a fee for the application and review of this special local needs registration in the amount of One Hundred Fifty Dollars ($150.00) per registration and such fee shall be deposited into the Department of Agriculture Special Fund created in Section 1 of Senate Bill No. ____, 1997 Regular Session.
(4) If it does not appear to the commissioner that the article is such as to warrant the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with the provisions of this chapter, he shall notify the applicant of the manner in which the article, labeling or other material required to be submitted fail to comply with the chapter so as to afford him an opportunity to make the necessary corrections. If, upon receipt of such notice, the applicant does not make the required changes, the commissioner may refuse to register the article and the applicant may request a hearing. In order to protect the public, the commissioner, with approval of the advisory board provided for in Section 69-25-3, may, at any time, cancel or suspend the registration of a pesticide if he determines that it does not comply with this chapter or creates an imminent hazard; or, pursuant to a notice from the Commission on Environmental Quality under Section 49-17-26 in relation to state underground water quality standards, he shall provide for modification of the labeling of any pesticide, or suspend or cancel the registration of any pesticide or any use of any pesticide, or adopt a regulation in accordance with Section 69-23-9 to protect the underground water resources, as defined in the federal Safe Drinking Water Act, in the shortest reasonable time. He may advise EPA of the manner in which a federally registered pesticide fails to comply with FIFRA and suggest the necessary corrections.
(5) Notwithstanding any other provision of this chapter, registration is not required in case of a pesticide shipped from one plant within this state to another plant within this state operated by the same person.
SECTION 4. Section 69-25-7, Mississippi Code of 1972, is amended as follows:
69-25-7. (1) The Commissioner of Agriculture and Commerce is empowered to conduct such inspections and promulgate and enforce such quarantine regulations as may be necessary in carrying out the provisions of this article.
(2) The Commissioner of Agriculture and Commerce shall from time to time make rules and regulations for carrying out the provisions and requirements of this article, including rules and regulations under which his inspectors and other employees shall (a) inspect places, plants and plant products, and things, and substances used or connected therewith, (b) investigate, control, eradicate and prevent the dissemination of insect pests and diseases, and (c) supervise or cause the treatment, cutting and destruction of plants and plant products and other things infested or infected therewith, but no such rule or regulation shall be effective unless first submitted to and approved by the advisory board established under the provisions of Section 69-25-3. The inspectors and employees employed by the commissioner shall have authority to carry out and execute the regulations and orders of the * * * commissioner and shall have authority under direction of the commissioner to carry out the provisions of this article.
(3) The Commissioner of Agriculture is authorized to impose an annual inspection fee on a nursery or plant dealer in the amount of Twenty-five Dollars ($25.00) per year. Such fee shall be deposited into the Department of Agriculture Special Fund created in Section 1 of Senate Bill No. ____, 1997 Regular Session.
SECTION 5. Section 69-23-27, Mississippi Code of 1972, is amended as follows:
69-23-27. (1) It shall be unlawful for any person to act as a licensed pesticide dealer without being licensed by the commissioner. A license shall be required for each location or outlet located within this state from which such pesticides are distributed. Any dealer who has no pesticide outlet licensed within this state and who distributes such pesticides directly into this state shall obtain a pesticide dealer license for his principal out-of-state location or outlet.
(2) Application for a license shall be submitted on a form prescribed by the commissioner, and shall include the name and address of the applicant, the name of the pesticide dealer manager, the address of each outlet, the name of the resident agent if the dealer is not a resident of this state, and any other information required by the commissioner.
(3) Provisions of this section shall not apply to (a) a licensed pesticide applicator who sells pesticides only as an integral part of his pesticide application service where such pesticides are applied by the commercial applicator; or (b) any federal, state, county or municipal agency which provides pesticides only for its own programs.
(4) The commissioner may set standards and qualifications for licensing of pesticide dealers and dealer managers to determine their competency.
(5) From and after July 1, 1997, licenses for pesticide dealers will expire on December 31 every two (2) years and shall be renewed biennially. The commissioner is authorized to impose a fee in an amount not to exceed Fifty Dollars ($50.00) per license which shall be deposited into the Department of Agriculture Special Fund created in Section 1 of Senate Bill No. ____, 1997 Regular Session.
(6) The commissioner may prescribe rules and regulations pertaining to licensing of pesticide dealers, including but not limited to record keeping, and may at any time cancel, suspend or revoke a pesticide dealer license when he finds there has been a failure or refusal to comply with the provisions of this chapter or regulations adopted hereunder.
SECTION 6. Section 69-23-111, Mississippi Code of 1972, is amended as follows:
69-23-111. (1) After October 21, 1976, it shall be unlawful for any person to engage in the application or use of any pesticide which is restricted by EPA or the commissioner, except as provided for and defined in Sections 69-19-1 through 69-19-11, 69-21-1 through 69-21-27, 69-21-101 through 69-21-125, and 69-23-1 through 69-23-23, without having been certified or licensed by the commissioner.
(2) The commissioner may classify licenses or permits to be issued under Sections 69-23-101 through 69-23-133. Separate classifications and subclassifications may be specified by the commissioner in conformity with FIFRA. Each classification may be subject to separate requirements of testing procedures.
(3) Application for license shall be made on a form provided by the commissioner and shall contain information regarding the applicant's qualifications, proposed operations, and license classification or classifications as prescribed by regulations.
(4) The commissioner shall require each applicant for a certified applicator's license to demonstrate competency by a written or oral examination, or such other equivalent procedure as may be adopted by the commissioner by regulation, that he possesses adequate knowledge with respect to the proper use and application of pesticides in the particular categories or classification for which application for license is made. The commissioner may cooperate with other state, federal and private agencies in preparing, administering and evaluating examinations or other equivalent procedures, including training, for determining competency of certified applicators, and shall consider and be guided by certification requirements set forth by EPA.
(5) If the commissioner finds the applicant qualified in the classification for which he has applied, he shall issue a certified applicator's license limited to that classification. Expiration dates of licenses may be established by regulation, unless revoked or suspended prior thereto by the commissioner for cause as hereinafter provided.
(6) The commissioner is authorized to impose a fee in the amount of Thirty Dollars ($30.00) per licensee per every three (3) years. Such fee shall be deposited into the Department of Agriculture Special Fund created in Section 1 of Senate Bill No. ____, 1997 Regular Session.
SECTION 7. Section 63-23-119, Mississippi Code of 1972, is amended as follows:
63-23-119. (1) Any person duly licensed and certified under Sections 69-19-1 through 69-19-11, 69-21-1 through 69-21-27, and 69-21-101 through 69-21-125, is exempted from the licensing provisions of Sections 69-23-101 through 69-23-133.
(2) The commissioner may exempt such other persons as may be exempted by federal regulations.
(3) The commissioner may exempt public applicators from the requirements of Sections 69-23-113 and 69-23-117 and from the fees imposed by Section 69-23-111.
SECTION 8. Section 79-22-9, Mississippi Code of 1972, is amended as follows:
79-22-9. (1) An aquaculturist shall obtain a cultivation and marketing permit for cultured aquatic products produced from the following aquatic plants and animals:
(a) All non-native aquatic plants and animals, including those that are well established in limited or extensive areas of natural lakes, rivers and streams in this state;
(b) Fish classified as game fish in Mississippi; however, the department shall not issue any such permits for the following game fish: black bass, bream, crappie, flathead catfish, walleye and all members of the family Centrarchidae and Percidae;
(c) Endangered, threatened or protected species;
(d) Any aquatic plants or animals which have been genetically modified or are to be genetically modified by means other than breeding and crossbreeding.
(2) The department shall not issue the permits required in this section until the department approves the proposed aquaculture facility design or the actual facility and such permits shall only be issued to citizens of the United States. The department shall inspect the aquaculture facility prior to the introduction of the aquatic products to be cultured to insure compliance with the approved permit specifications. The department may also conduct periodic inspections of all facilities engaged in the propagation of non-native species to insure that operational activities comply with approved permit specifications. All required permits shall be renewed annually. For a resident of Mississippi, the fee for a marketing or cultivation permit shall not exceed One Hundred Dollars ($100.00) for each species of aquatic products produced. The fee for a marketing or cultivation permit issued to a nonresident of Mississippi shall equal the amount imposed by the nonresident's state for such permit on a resident of Mississippi. The fees imposed in this section shall be deposited into the Department of Agriculture Special Fund created in Section 1 of Senate Bill No. ____, 1997 Regular Session.
SECTION 9. For the purpose of defraying the expenses connected with the inspection, testing and analyzing of petroleum products in this state, the commissioner is authorized to impose on any person selling at retail gasoline, alcohol blended fuel, diesel fuel or kerosene, as defined in this chapter, an inspection fee in an amount not to exceed Seven Dollars ($7.00) per pump or dispensing equipment. The inspection fee shall be deposited into the Department of Agriculture Special Fund created in Section 1 of this act. This section shall stand repealed from and after July 1, 2002.
SECTION 10. Section 1 of this act shall be codified as a separate code section within Chapter 1 of Title 69, Mississippi Code of 1972.
SECTION 11. Section 2 of this act shall be codified as a separate code section within Chapter 19 of Title 69, Mississippi Code of 1972.
SECTION 12. Section 9 of this act shall be codified as a separate code section within Chapter 55 of Title 75, Mississippi Code of 1972.
SECTION 13. This act shall take effect and be in force from and after July 1, 1997.