House Bill 1531

AN ACT TO AUTHORIZE THE USE OF WOOD PELLETS FOR FUEL; TO DEFINE CERTAIN TERMS RELATING TO THIS ACT; TO REQUIRE THAT PRODUCERS OF SUCH WOOD PELLETS ENSURE THAT THE FINISHED PRODUCT MEETS ALL FEDERAL AND STATE STANDARDS; TO PROHIBIT SUCH WOOD PELLETS FROM BEING TRANSFERRED, SOLD, EXCHANGED, DELIVERED, USED OR DISPOSED OF BY ANY OTHER MEANS UNTIL APPROVED BY THE COMMISSIONER OF THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE AND THE STATE CHEMIST; TO REQUIRE THAT ALL CONTAINERS OR SIMILAR RECEPTACLES, WHENEVER CONTAINING WOOD PELLETS USED FOR FUEL FOR SALE OR DELIVERY, BE MARKED OR LABELED AS TO PLAINLY SHOW THE WEIGHT OF ITS CONTENTS; TO PROVIDE THAT THE COMMISSIONER AND THE STATE CHEMIST HAVE JOINT AUTHORITY FOR SETTING SPECIFICATIONS OF WOOD PELLETS USED FOR FUEL AND SHALL HAVE THE AUTHORITY TO ESTABLISH RULES AND REGULATIONS IN CONNECTION WITH THE ENFORCEMENT OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this act, the following terms have the meanings as defined in this section, unless the context clearly indicates otherwise:

(a) "Commissioner" means the Commissioner of the Mississippi Department of Agriculture and Commerce, or his or her agents and employees.

(b) "State chemist" means the Director of the Mississippi State Chemical Laboratory, or his or her agents and employees.

(c) "Wood pellets" means a wood fuel product manufactured from compressed sawdust or other wood by-product that is pressed or extruded into pieces of uniform size and shape that are designed to be fed in bulk to a combustion chamber.

(2) The use of wood pellets for fuel is authorized in the State of Mississippi.

(3) Producers of wood pellets used for fuel shall ensure that the finished product meets all federal and state standards and specifications, and such wood pellets shall not be transferred, sold, exchanged, delivered, used or disposed of by any other means until approved by the commissioner and the state chemist.

(4) All containers or similar receptacles, whenever containing wood pellets used for fuel for sale or delivery, shall be marked or labeled as to plainly show the weight of its contents. Such container or similar receptacle shall be accompanied by a bill of sale bearing the name and address of the seller, the name and address of the purchaser, and the weight of the wood pellets contained in the delivery. At the time of delivery, the bill of sale, signed by the seller, shall be given to the purchaser specified thereon.

(5) The Commissioner of Agriculture and Commerce, is charged with the duty of administering and enforcing the provisions of this act, and he or she shall have the authority to establish rules and regulations in connection with the enforcement of this act.

(6) The State Chemist is charged with the duty of administering the provisions of this act, and he or she shall have the authority to establish rules and regulations in connection with its enforcement.

(7) The commissioner and the State Chemist shall have joint authority for setting specifications of wood pellets used for fuel and shall have the authority to establish rules and regulations in connection with the enforcement of this act.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.