MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Agriculture

By: Senator(s) Hamilton

AN ACT TO AMEND SECTIONS 69-3-109, 69-3-111 AND 69-3-113, MISSISSIPPI CODE OF 1972, TO REVISE THE SEED CERTIFICATION LAW IN ORDER TO INCLUDE OTHER FARM PRODUCTS THAT MAY BE DEFINED BY REGULATION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 69-3-109, Mississippi Code of 1972, is amended as follows:

69-3-109. Every person, firm, association or corporation who shall issue, use or circulate any certificate, advertisement, tag, seal, poster, letterhead, marking circular, written or printed representation, or description of or pertaining to seeds, plants or plant parts, and other farm products that may be defined by regulation, intended for propagation or sale or sold or offered for sale wherein the words "Mississippi Certified", or "Mississippi State Certified", "State Certified", or similar words or phrases are used or employed, or wherein are used or employed signs, symbols, maps, diagrams, pictures, words or phrases expressly or impliedly stating or representing that such seeds, plants or plant parts, and other farm products comply with or conform to the certification standards or requirements as made by the approved state seed certifying agency of Mississippi, shall be subject to the provisions of this article, provided that this article shall not apply to the certification of plants or plant products for freedom from disease or insects which is now conducted under the authority of the Commissioner of Agriculture and Commerce. Every issuance, use, or circulation of any certificate or any other instrument as in this section above described shall be deemed to be "certification" as this term is employed in this article.

SECTION 2. Section 69-3-111, Mississippi Code of 1972, is amended as follows:

69-3-111. The state seed certifying agency shall not have the power to engage in the sale or processing of seeds, plants or plant parts, and other farm products, or to designate any agency or individual for these purposes except that the state seed certifying agency may promote the sale of certified seeds in general through advertising.

SECTION 3. Section 69-3-113, Mississippi Code of 1972, is amended as follows:

69-3-113. The duly approved state seed certifying agency is hereby vested with the full authority to establish, create and specify rules and regulations for the designation of seeds, plants and plant parts, and other farm products as certified or Mississippi certified to be grown, harvested, offered for sale or distributed. Such rules and regulations shall be approved by the state seed board before becoming effective. No seeds, plants or plant parts, or other farm products grown or to be grown in Mississippi shall be eligible for certification hereunder except by full compliance as to standards, requirements and forms of or for certification as may be made by the duly approved state seed certifying agency. No certification within the provisions of this article shall be made or authorized except through the approved state certifying agency as herein provided.

SECTION 4. This act shall take effect and be in force from and after July 1, 1999.