MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Agriculture; Appropriations

By: Representative Holland

AN ACT TO AMEND SECTION 69-1-203, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MARKETING, AGRICULTURAL DEVELOPMENT AND FINANCE OFFICE IN THE DEPARTMENT OF AGRICULTURE AND COMMERCE TO ESTABLISH AND COORDINATE THE MISSISSIPPI AGRICULTURAL PROMOTIONS PROGRAM FOR THE PURPOSE OF EXPANDING THE MARKET FOR MISSISSIPPI'S AGRICULTURAL PRODUCTS; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE DESIGNATED AS THE "MISSISSIPPI AGRICULTURAL PROMOTIONS FUND"; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 69-1-203, Mississippi Code of 1972, is amended as follows:

69-1-203. (1) The Department of Agriculture and Commerce shall promote the development of agriculture and aquaculture for both native and nonnative species. The department shall be organized into the Administration Office, the Regulatory Office, and the Marketing, Agricultural Development and Finance Office. Each office shall have the duties hereinafter specified in addition to any other duties assigned to it by the commissioner.

(2) The Administration Office shall consist of such employees as may be assigned to it by the commissioner and shall have exclusive responsibility for the following functions of the department:

(a) Accounting;

(b) Payroll;

(c) Purchasing;

(d) Data processing;

(e) Personnel;

(f) Motor pool and vehicles;

(g) Maintenance; and

(h) Printing and records.

(3) The Regulatory Office shall administer those laws relating to the regulation of the labels of syrup containers; the regulation of the sale of planting seed; the regulation of the sale of livestock by weight; the protection of the health of swine; the inspection of grain crops; the testing of the accuracy of petroleum pumps; the inspection of milk manufacturing plants and producers; the establishment of standards for frozen desserts sold in Mississippi; the licensing of exotic bird dealers; the regulation of the disposition of animal and poultry inedible waste; the regulation of the labeling of catfish; the adoption of systems of weights and measures for all commercial purposes in Mississippi; the inspection of meat and poultry and the licensing of facilities used for the processing thereof; and the regulation of the measurement and receiving of pulpwood.

(4) (a) The Marketing, Agricultural Development and Finance Office shall develop direct contact with potential buyers worldwide for the Mississippi agricultural community to expand domestic and international markets; develop and regulate aquaculture production as provided in the Mississippi Aquaculture Act of 1988; and operate and administer the Mississippi Market Bulletin, the Market News Service, the Mississippi Agricultural Heritage Museum and the Centennial Farm Family Program. This office shall also be responsible for the collection, analysis and dissemination of statistical data concerning the production, supply, price and other aspects of the state's agricultural economy.

(b) The department, in its discretion, may establish a program of grants, loans and subsidies to be matched by agricultural entities in the state to finance and promote agricultural economic development.

(c) The Marketing, Agricultural Development and Finance Office may establish and coordinate a program known as the "Mississippi Agricultural Promotions Program." The duties of this office include, but are not limited to:

(i) Developing a logo and authorizing the use of that logo.

(ii) Developing a program for loans, grants and subsidies.

(iii) Registering participants.

(iv) Requesting and collecting reimbursements from program participants.

(v) Promoting and advertising Mississippi and its agricultural products through the purchase of promotional items.

(vi) Developing in-kind advertising programs and promotional materials.

(vii) Contracting with media representatives for the purpose of dispersing promotional materials.

The Department of Economic and Community Development shall cooperate with the Department of Agriculture and Commerce in fulfilling the duties of this act.

The commissioner shall promulgate rules necessary to implement the provisions of this section.

(d) Any person who participates in the Mississippi Agricultural Promotions Program shall register annually with the department in a form and manner as required by the department. Each person shall renew his registration by July 1 of each year.

(e) There is created a special fund to be designated as the "Mississippi Agricultural Promotions Fund" within the State Treasury to receive all monies related to the Mississippi Agricultural Promotions Program. Monies deposited in the fund shall be expended, upon legislative appropriations, and upon requisition therefor by the Commissioner of Agriculture, for the sole purpose of implementing the Mississippi Agricultural Promotions Program. Unexpended amounts remaining in the fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.

(f) It is unlawful for any person to use, reproduce or distribute the logo of the Mississippi Agricultural Promotions Program without being registered with the department or to otherwise violate the provisions of this subsection or any rules adopted under this subsection. Any person who violates any of the provisions of this subsection or any rule promulgated under this subsection revokes his rights for logo use or any funding hereunder. For purposes of this paragraph, the term "reproduce" means to stencil, emboss, print, engrave, impress, imprint, lithograph or duplicate in any manner or to cause any such acts to be done.

(g) For purposes of this subsection, the term "agricultural product" means any product that is at least fifty-one percent (51%) grown, processed or manufactured in Mississippi.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.