MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Ports and Marine Resources

By: Senator(s) Cuevas

AN ACT TO AMEND SECTION 49-15-44, MISSISSIPPI CODE OF 1972, TO PROHIBIT PERSONS FROM DEALING IN OYSTER PRODUCTS WITHOUT PERMIT OR CERTIFICATE IN COMPLIANCE WITH SHELLFISH SANITATION PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-15-44, Mississippi Code of 1972, is amended as follows:

49-15-44. (1) The commission shall prohibit the sale or possession of illegal oysters. It is unlawful for any person, firm or corporation to possess or to engage in the sale of oysters not certified in this state, or to shuck or repack for sale any illegal oysters, unless that person, firm or corporation possesses a bill of sale, valid permit or affidavit of another state, properly dated, evidencing the legality of the sale or possession of the oysters in that state. Any person in possession of illegal oysters shall be subject to civil or criminal prosecution and shall be fined not less than One Hundred Dollars ($100.00) or punished as provided in Section 49-15-63.

(2) It is unlawful for any person, firm, corporation or other business entity acting as a seafood dealer, seafood processor or an oyster shellstock shipper to purchase for resale, trade or barter processed or unprocessed oyster products with the intent to transport or have transported through interstate or intrastate commerce without a valid certificate or permit showing compliance with all regulations of the Mississippi Shellfish Sanitation Program.

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