House Bill 314

AN ACT TO CREATE THE MADE IN MISSISSIPPI ACT; TO REQUIRE THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE TO DESIGN A "MADE IN MISSISSIPPI" LOGO FOR GOODS AND PRODUCTS GROWN, PRODUCED, PROCESSED OR MANUFACTURED IN MISSISSIPPI; TO REQUIRE THE DEPARTMENT TO REGISTER THE LOGO WITH THE UNITED STATES PATENT AND TRADEMARK OFFICE AS WELL AS THE SECRETARY OF STATE OF THE STATE OF MISSISSIPPI; TO REQUIRE THE DEPARTMENT TO PROMOTE THE LOGO THROUGH VARIOUS ADVERTISING MEDIUMS; TO AUTHORIZE THE DEPARTMENT TO CHARGE A FEE FOR THE REGISTERING OF PRODUCTS TO BEAR THE LOGO; TO PERMIT GROWERS, PRODUCERS AND MANUFACTURERS TO REGISTER PRODUCTS WITH THE DEPARTMENT IF ALL OR VIRTUALLY ALL OF THE GOODS OR PRODUCTS WERE MADE IN MISSISSIPPI; TO PROVIDE THAT IT SHALL BE A CRIME FOR THE UNAUTHORIZED USE OF THE "MADE IN MISSISSIPPI" OR MISREPRESENTATION OF PRODUCTS AS SUCH; TO BRING FORWARD SECTION 75-24-5, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Made in Mississippi Act."

SECTION 2. (1) The Mississippi Department of Agriculture and Commerce shall devise and design a logo, symbol, graphic mark or emblem for goods and products grown, produced, processed or manufactured in the State of Mississippi. The phrase "Made in Mississippi" shall be incorporated into the design of the logo, symbol, graphic mark or emblem. The purpose of the logo shall be to enable consumers and potential consumers to identify those goods and products that are inherently distinctive from others.

(2) Upon completion of the design for the "Made in Mississippi" logo, the department shall undertake the necessary procedures to submit an application to the United States Patent and Trademark Office to obtain a trademark on the "Made in Mississippi" logo in addition to having the trademark registered with the Secretary of State for the State of Mississippi under the provisions of Section 75-25-1, et seq. The department may allow the logo to be placed on the product, product packaging, advertisement, commercial or other promotion of products registered with the department by the growers, producers and manufacturers thereof, as required under subsection (4) of this section.

(3) (a) The department shall promote the "Made in Mississippi" logo and the buying of Mississippi goods and products through the department's website, print media, paid advertisement and public service announcements, and may use any available funds to implement this program.

(b) The department may charge growers, producers or manufacturers a fee to register goods or products to be distinguished as a "Made in Mississippi" product by virtue of the logo. The fee shall not exceed One Hundred Fifty Dollars ($150.00) per year for each good or product.

(4) Any grower, producer or manufacturer may register a good or product with the department for use of the "Made in Mississippi" logo on its goods or products if all or virtually all of the goods or products are grown, processed, manufactured or assembled in the State of Mississippi. For purposes of this act, the term "virtually all" means a good or product that is not less than eighty-five percent (85%) processed, manufactured or assembled in the State of Mississippi.

(5) The use of the "Made in Mississippi" logo without having first registered the good or product with the department or misrepresenting that a good or product was made in Mississippi by using the "Made in Mississippi" logo shall be a crime under Section 75-24-5.

SECTION 3. Section 75-24-5, Mississippi Code of 1972, is brought forward as follows:

75-24-5. (1) Unfair methods of competition affecting commerce and unfair or deceptive trade practices in or affecting commerce are prohibited. Action may be brought under Section 75-24-5(1) only under the provisions of Section 75-24-9.

(2) Without limiting the scope of subsection (1) of this section, the following unfair methods of competition and unfair or deceptive trade practices or acts in the conduct of any trade or commerce are hereby prohibited:

(a) Passing off goods or services as those of another;

(b) Misrepresentation of the source, sponsorship, approval, or certification of goods or services;

(d) Misrepresentation of designations of geographic origin in connection with goods or services;

(e) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;

(f) Representing that goods are original or new if they are reconditioned, reclaimed, used, or secondhand;

(g) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(h) Disparaging the goods, services, or business of another by false or misleading representation of fact;

(i) Advertising goods or services with intent not to sell them as advertised;

(j) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

(k) Misrepresentations of fact concerning the reasons for, existence of, or amounts of price reductions;

(l) Advertising by or on behalf of any licensed or regulated health care professional which does not specifically describe the license or qualifications of the licensed or regulated health care professional;

(m) Charging an increased premium for reinstating a motor vehicle insurance policy that was cancelled or suspended by the insured solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. It is also an unfair practice for an insurer to charge an increased premium for a new motor vehicle insurance policy if the applicant for coverage or his covered dependents were previously insured with a different insurer and canceled that policy solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. For purposes of determining premiums, an insurer shall consider such persons as having maintained continuous coverage. The provisions of this paragraph (m) shall apply only to such instances when the insured does not drive the vehicle during the period of cancellation or suspension of his policy.

SECTION 4. This act shall take effect and be in force from and after July 1, 2012.