1997 Regular Session
By: Representative Holland (By Request)
House Bill 940
(As Sent to Governor)
AN ACT TO CREATE NEW SECTION 75-35-325, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO ASSESS ADMINISTRATIVE FINES FOR VIOLATIONS OF THE MISSISSIPPI MEAT INSPECTION LAW; TO AMEND SECTION 75-35-307, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following section shall be codified as Section 75-35-325, Mississippi Code of 1972:
75-35-325. The commissioner may impose an administrative fine, after notice and a hearing, in an amount of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for violation of this chapter. In addition to or in lieu of such fines, the commissioner may, after notice and a hearing, suspend or revoke the permit or license of such person issued under terms of this chapter.
An appeal, if taken, must be perfected within thirty (30) days after the decision of the commissioner with the circuit court of the county of the residence of the accused. If such person is a nonresident of the State of Mississippi, the case shall be appealed to the Circuit Court of the First Judicial District of Hinds County, Mississippi. If any fine imposed by the commissioner is not paid within thirty (30) days of becoming final, the commissioner may take such legal action as he deems appropriate to collect such fine and the court shall award the commissioner reasonable attorney's fees and court costs to collect the fine.
SECTION 2. Section 75-35-307, Mississippi Code of 1972, is amended as follows:
75-35-307. Except as otherwise specifically provided for in this chapter, the chancery courts are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this chapter, and shall have jurisdiction in all other kinds of cases arising under this chapter.
SECTION 3. This act shall take effect and be in force from and after July 1, 1997.