MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Agriculture
By: Senator(s) Hudson
AN ACT TO AMEND SECTION 69-24-13, MISSISSIPPI CODE OF 1972, TO REQUIRE THE NET TONNAGE OF SOIL OR PLANT AMENDMENTS DISTRIBUTED IN THE STATE TO BE REPORTED ANNUALLY RATHER THAN QUARTERLY; 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 him, * * *
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 * * * statement shall be due within
thirty (30) days following * * * the reporting year. * * *
The 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 nonregistrant (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 * * * statement is not filed or is
filed falsely, or the inspection fee is not paid within thirty (30) days
following * * *
the reporting year, the commissioner and State Chemist may revoke the
registration of * * *
the 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 * * * statement 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 statement which would
reveal the business operations of a person or registrant * * * filing the * * * statement; provided, however,
that 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.