2020 Regular Session
To: Agriculture; Public Health and Human Services
By: Representative Pigott
AN ACT TO AMEND SECTION 75-31-65, MISSISSIPPI CODE OF 1972, TO REMOVE GOAT MILK AND GOAT MILK PRODUCTS FROM THE REGULATORY AUTHORITY OF THE MISSISSIPPI STATE BOARD/DEPARTMENT OF HEALTH; TO REPEAL SECTION 65, CHAPTER 510, LAWS OF 2016, WHICH PROVIDES FOR THE REPEAL OF THE AUTHORITY OF THE STATE BOARD/DEPARTMENT OF HEALTH TO INCREASE FEES FOR SERVICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-31-65, Mississippi Code of 1972, is amended as follows:
75-31-65. (1) The State Board of Health shall:
(a) Exercise general supervision over the production, processing and sale of milk and milk products and the processing and sale of frozen desserts.
(b) Adopt, modify, repeal and promulgate rules and regulations, after due notice and hearing, and, where not otherwise prohibited by federal law or state law, make exceptions to, grant exemptions from and enforce rules and regulations implementing or effectuating the duties of the board under this section to protect the public health.
(c) Use the most current edition of the Pasteurized Milk Ordinance, or its successor, as the basis for regulation of Grade "A" milk and milk products. Unless as otherwise provided by law, the board, in its discretion, may amend, modify or make additions to the Pasteurized Milk Ordinance if the board determines that such amendment, modification or addition is in the best interest of public health.
(2) The board shall assess fees in the following amount and for the following purpose:
Milk product processing plant annual permit fee.... $300.00
Frozen dessert processing plant annual permit fee.. $300.00
Any increase in the fees charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65.
The fees authorized under this subsection shall not be assessed for milk or frozen dessert processing plants operated by public schools, by public junior colleges or by state agencies or institutions, including, without limitation, the state institutions of higher learning.
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3) For purposes of this section, the
term "person" includes an individual, firm, partnership, association
or corporation, foreign or domestic.
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4) All fees collected by the board
under this section shall be paid into a special fund within the Department of
Health to be used by the department to discharge its duties under this section.
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5) Any person coming within the
provisions of this section who fails to comply with or violates any of the
provisions of this section or regulations promulgated thereunder, unless
otherwise specifically provided in this section, is guilty of a misdemeanor
and, upon conviction, shall be fined not more than One Hundred Dollars
($100.00) or confined in jail for not more than sixty (60) days, or both.
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6) Any person who sells or offers for
sale adulterated milk or milk products or cream or frozen desserts or any milk
or cream having therein any foreign substance or coloring matter or any
chemicals or preservatives, whether for the purpose of increasing the quantity
of milk or cream or for improving its appearance or for the purpose of
preserving the condition of sweetness thereof, or for any other purpose
whatsoever, or unpasteurized milk or milk products except as otherwise
authorized by law, is guilty of a misdemeanor, and, upon conviction, shall be
fined not more than Five Hundred Dollars ($500.00) or confined in jail not more
than sixty (60) days, or both; however, nothing in this subsection shall be
construed to prevent the addition of vitamins to milk or milk products in
accordance with the rules and regulations promulgated by the board or to
prohibit the sale of pasteurized milk or cream or frozen desserts except
unlawful cream or unlawful milk products or unlawful frozen desserts as defined
in the rules and regulations promulgated by the board.
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7) (a) Any person doing business in
the State of Mississippi and engaged in the production, manufacture, sale or
distribution of any dairy products that, for the purpose of destroying the
business of a competitor in any locality or creating a monopoly, discriminates
between different sections, localities, communities, cities or towns of the
state by selling such commodity at a lower rate or price in one (1) section,
locality, community, city or town than such commodity is sold by such person in
any other section, locality, community, city or town, after making due
allowance for the difference, if any, in the grade or quality and in the actual
cost of the transportation from the point of production or purchase, if a raw
product, to the place of sale, storage or distribution, is guilty of unfair
discrimination, which is prohibited and declared unlawful; however, prices made
to meet competition in such section, locality, community, city or town shall
not be in violation of this subsection.
(b) Any person doing business in the State of Mississippi and engaged in the business of purchasing for manufacture, storage, sale or distribution of any dairy product, that, for the purpose of destroying the business of a competitor or creating a monopoly, discriminates between different sections, localities, communities, cities or towns in the state by purchasing such commodity at a higher rate or price in one (1) section, locality, community, city or town than is paid for such commodity by such person in any other section, locality, community, city or town, after making due allowance for the difference, if any, in the grade or quality, and in the actual cost of transportation from the point of purchase to the point of manufacture, sale or distribution or storage, is guilty of unfair discrimination, which is prohibited and declared to be unlawful; however, prices made to meet competition in such locality, section, community, city or town shall not be a violation of this subsection.
(c) Any person convicted of a violation of this subsection, shall be fined not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or shall be imprisoned in jail not more than twelve (12) months, or both.
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8) Nothing in this section shall be
construed to apply to any person who does not sell his milk, cream, butter or
other products mentioned herein to others.
SECTION 2. Section 65, Chapter 510, Laws of 2016, which provides for the repeal of Sections 21-27-207, 41-3-15, 41-3-18, 41-3-65, 41-9-9, 41-26-23, 41-26-101, 41-58-3, 41-59-11, 41-59-17, 41-59-23, 41-59-33, 41-59-35, 41-59-65, 41-59-79, 41-67-12, 41-67-25, 41-67-37, 41-67-39, 41-71-5, 41-71-7, 41-75-7, 41-75-9, 41-77-9, 41-77-25, 41-85-7, 41-125-7, 43-11-7, 43-11-8, 43-11-9, 43-11-13, 43-16-25, 43-20-8, 43-20-11, 43-20-13, 43-20-59, 45-14-31, 45-23-23, 45-23-41, 45-23-45, 45-23-53, 73-7-71, 73-10-9, 73-10-11, 73-10-21, 73-14-17, 73-14-19, 73-14-27, 73-14-31, 73-24-29, 73-38-31, 73-55-13, 73-57-19, 73-57-21, 73-57-27, 73-57-29, 73-61-1, 73-61-3, 73-65-5, 73-65-9, 73-65-11, 75-29-805, 75-31-65 and 75-74-11, Mississippi Code of 1972, is repealed.
SECTION 3. This act shall take effect and be in force from and after July 1, 2020.