MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Agriculture
By: Senator(s) Hyde-Smith, Lee (35th)
AN ACT TO AMEND SECTIONS 69-7-657 AND 69-7-701, MISSISSIPPI CODE OF 1972, TO CORRECT SCIENTIFIC NOMENCLATURE IN THE DEFINITION OF CATFISH; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 69-7-657, Mississippi Code of 1972, is amended as follows:
69-7-657. For purposes of this article, the following terms shall have the meaning ascribed herein unless the context otherwise requires:
(a) "Capable of use as human food" means and shall apply to any catfish or part or product thereof unless it is denatured or otherwise identified as required by regulations prescribed by the commissioner to deter its use as human food, or unless it is naturally inedible by humans.
(b) "Cash sale" means a sale in which the seller does not expressly extend credit to the buyer.
(c) "Catfish" means any species within the family of Ictaluridae.
(d) "Commissioner" means the Commissioner of Agriculture and Commerce of the State of Mississippi.
(e) "Direct retail sale" means the sale of catfish products directly to the consumer.
(f) "Person" includes any individual, partnership, corporation and association or other legal entity.
(g) "Processor" means any person engaged in handling, storing, preparing, manufacturing, packing or holding catfish products.
(h) "Producer" means any person engaged in the business of producing catfish, by any method.
(i) "Product" means any catfish product capable of use as human food which is made wholly or in part from any catfish or portion thereof.
(j) "Secured party" means a lender who has a perfected security interest pursuant to the Uniform Commercial Code in the catfish being sold.
SECTION 2. Section 69-7-701, Mississippi Code of 1972, is amended as follows:
69-7-701. (1) For purposes of this section, the following terms shall have the meaning ascribed herein unless the context otherwise requires:
(a) "Catfish" means any species within the family of Ictaluridae.
(b) "Processor" means any person engaged in handling, storing, preparing, manufacturing, packing or holding catfish products.
(2) When making a weight determination of farm-raised catfish, the processor shall weigh the catfish as they are unloaded from the live haul truck and shall drain any water from the weighing baskets before the catfish are weighed. No deductions shall be made thereafter for water in the weighing baskets. The processor shall also use a weighing device that is of a type suitable for the weighing of farm-raised catfish and subject to the provisions of Section 75-27-19, Mississippi Code of 1972.
(3) Such weighing device shall electronically print a ticket which provides an exact duplicate of the weight indicated. A copy of this ticket shall be furnished to the owner of the catfish. Such ticket shall also include, but is not limited to, the following:
(a) The name and address of the processor;
(b) The name of the owner of the catfish being weighed;
(c) The date the catfish is weighed;
(d) The signature of the individual who weighs the farm-raised catfish recorded on the weight ticket;
(e) The device should print zero (0) before each weighing; and
(f) Such additional information as the Commissioner of Agriculture and Commerce deems necessary for the lawful and accurate recording of the weight of farm-raised catfish.
(4) Deductions for trash fish, turtles and other foreign materials shall be determined by a separate electronic weighing of the same with a printed ticket provided to the producer.
SECTION 3. This act shall take effect and be in force from and after its passage.