MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Agriculture
By: Representative Sullivan
AN ACT TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE TO ISSUE CERTIFICATES OF FREE SALE FOR AGRICULTURAL PRODUCTS; TO DEFINE THE TERM "AGRICULTURAL PRODUCTS" FOR PURPOSES OF THIS ACT; TO PROVIDE FOR THE INFORMATION TO BE INCLUDED ON LABELING INFORMATION TO BE PLACED ON PRODUCTS SUBMITTED FOR CERTIFICATE OF FREE SALE; TO ESTABLISH A FEE OF $15.00 FOR THE ISSUANCE OF A CERTIFICATE OF FREE SALE; TO CREATE A SPECIAL FUND IN THE STATE TREASURY ON BEHALF OF THE DEPARTMENT OF AGRICULTURE AND COMMERCE INTO WHICH FEES COLLECTED FOR THIS PROGRAM SHALL BE DEPOSITED; TO SPECIFY THE CONTENTS OF A CERTIFICATE OF FREE SALE ISSUED BY THE DEPARTMENT; TO REQUIRE THAT THE ENGLISH TRANSLATION BE PROVIDED FOR LABELING INFORMATION SUBMITTED IN A FOREIGN LANGUAGE; TO EXEMPT THE DEPARTMENT FROM LIABILITY FOR THE ADMINISTRATION OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. For the purposes of this act, the following terms shall have the meanings ascribed to them in this section unless the context otherwise clearly requires:
(a) "Agricultural products" may include, but are not limited to, any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed for human or livestock consumption or products that are used for agricultural purposes such as fertilizers and soil and plant amendments.
(b) "Department" means the Mississippi Department of Agriculture and Commerce.
SECTION 2. The Mississippi Department of Agriculture and Commerce shall, upon request, issue a certificate of free sale for agricultural products and/or those products registered with or regulated by the department. Certificates of free sale shall be issued for the purpose of exporting these products from the United States into other countries. Products shall be grown or manufactured in Mississippi and/or distributed and sold from Mississippi. The business seeking receipt of a certificate of free sale must be in good standing with the Office of the Secretary of State. The department shall charge a fee of Fifteen Dollars ($15.00) for issuing each certificate.
Furthermore, the department is authorized and empowered to accept, budget, receive or expend such funds in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds. There is established in the State Treasury a special fund of the department for the purposes of depositing any funds received by the department or for the payment of expenses incurred by the department for the administration of this section. Unexpended monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund.
SECTION 3. (1) All requests for certificates must be in writing and shall contain at least the following information:
(a) The name under which the business is conducted and/or licensed;
(b) The physical address where the business is conducted;
(c) The type of operation conducted by the requesting establishment;
(d) The full, common or usual name of the product, the name of the manufacturer and the size of the product. Each product size shall be submitted as a separate product. Products on the certificate shall be listed exactly as submitted;
(e) The country or countries to where the product is being shipped; and
(f) The number of certificates requested.
(2) The labeling information, promotional information, website information, master formulas, marketing clearance letters, distribution records and advertising affixed to, accompanying or relating to the products may be required to be submitted for each product upon request by the department. If labeling information is in a foreign language, the applicant shall provide English translation. Labeling information shall be in final format when application is made to the department for certificate of free sale. Label prototypes and drafts shall not be accepted. The certificate shall list the product name, the manufacturer's name and the product size, if applicable.
(3) The department assumes no legal liability by issuing the certificates of free sale, but merely serves to promote the export of agricultural products from the State of Mississippi.
SECTION 4. This act shall take effect and be in force from and after its passage.