MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Agriculture
By: Representative Pigott
AN ACT TO AMEND SECTION 69-24-13, MISSISSIPPI CODE OF 1972, TO REVISE THE TIME DURING WHICH DISTRIBUTORS OF SOIL OR PLANT AMENDMENTS MUST SUBMIT STATEMENTS ON NET TONNAGE DISTRIBUTED IN THE STATE TO THE COMMISSIONER OF AGRICULTURE AND COMMERCE FROM A QUARTERLY BASIS TO AN ANNUAL BASIS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 69-24-13, Mississippi Code of 1972, is amended as follows:
69-24-13. (1) There shall
be paid to the commissioner for all soil or plant amendments distributed in
this state an inspection fee of Thirty-five Cents ($.35) per ton * * *. However, * * * products sold in packages of ten (10)
pounds or less or one (1) gallon or less, shall be subject to an annual
inspection fee of Fifty Dollars ($50.00) in lieu of the Thirty-five Cents
($.35) per ton fee. * * *
The annual inspection fee shall be paid upon date of registration.
(2) Every person who
distributes a soil or plant amendment in the state shall file with the
commissioner, on forms furnished by * * * the commissioner, an annual
statement setting forth the number of net tons of each soil or plant amendment
distributed in the state during * * * the previous year. The
report shall be due within thirty (30) days following * * * the end of the reporting year.
Such statement shall be accompanied by a payment of the inspection fee at the
rate of Thirty-five Cents ($.35) per ton, except as specified in subsection (1)
of this section.
(3) When more than one (1)
distributor is involved in the distribution of a soil or plant amendment
product, the last registrant who distributes to a non-registrant (dealer or
consumer) is responsible for reporting the tonnage and paying the inspection
fees unless the reporting and paying of fees has been made by a prior
distributor of the soil or plant amendment product. If the report is not filed
or is filed falsely, or the inspection fee is not paid within thirty (30) days
following * * *
the end of the reporting year, the commissioner and State Chemist may
revoke the registration of * * * those products and a penalty of Ten
Dollars ($10.00) per day for each subsequent day shall be assessed against the
registrant. The inspection fee and the penalty shall constitute a debt and
become the basis for a judgment against * * * the registrant, which may be
collected by the commissioner and in any court of competent jurisdiction
without prior demand.
(4) The report required by
this section shall not be a public record, and it shall be a misdemeanor for
any person to divulge any information given in * * * the report which would reveal the
business operations of a person or registrant making the report * * *. However, * * * nothing contained in this subsection shall
be construed to prevent or make unlawful the use of information concerning the
business operation of any registrant in any action, suit, or proceeding
instituted under this chapter, including any civil action for collection of
unpaid inspection fees, which action is hereby authorized and which shall be as
an action at law in the name of the commissioner.
(5) All fees paid to the commissioner for registration, inspection, or penalties for product deficiencies shall be deposited into the general fund account of the State of Mississippi.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.