Senate Bill 2004

AN ACT TO AMEND SECTION 69-1-23, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR STATE CERTIFICATION OF GRAIN SAMPLERS AND GRADERS BY THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE; TO REQUIRE GRAIN GRADING BY A STATE OR FEDERALLY CERTIFIED GRADER; TO PROVIDE FOR SUSPENSION AND REVOCATION OF A STATE CERTIFICATION; TO REQUIRE RULES AND REGULATIONS FOR SAMPLING AND GRADING GRAIN TO BE CONSISTENT WITH THE STANDARDS ADOPTED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE, FEDERAL GRAIN INSPECTION SERVICE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 69-1-23, Mississippi Code of 1972, is amended as follows:

69-1-23. (1) The Mississippi Department of Agriculture and Commerce is hereby designated as the official inspection agency within the State of Mississippi, or for a company domiciled in the State of Mississippi, to certify to producers, shippers, and other financially interested parties the grade, quality, or condition of grain crops. The Department of Agriculture and Commerce shall inspect, classify and grade grain in accordance with standards adopted by the United States Department of Agriculture, Federal Grain Inspection Service, for sampling and grading grain. Grain crops for the purpose of this chapter shall be those crops for which standards have been established under the United States Grain Standards Act; namely, wheat, oats, corn, barley, rye, flaxseed, soybeans, grain sorghum, and mixed grains and other crops for which standards may hereafter be established.

(2) (a) Grain shall be graded by a state or federally certified grader.

(b) The Mississippi Department of Agriculture and Commerce is responsible for the state certification of grain samplers and graders. The Department of Agriculture and Commerce may conduct courses of instruction in the methods of sampling and grading grain in one or more locations throughout the state. Each person who displays an adequate knowledge of sampling and grading grain which is satisfactory to the Department of Agriculture and Commerce shall be issued a certificate. Additionally, the Mississippi Department of Agriculture and Commerce shall have the sole authority to recommend to the United States Department of Agriculture the federal licensing of inspectors for the purpose of carrying out the inspection, grading and certification of grain inspection under the United States Department of Agriculture Grain Standards Act, except that those persons already licensed as of this date under any other authority may continue to operate in their respective designated areas.

(c) Grain samplers and graders may have their state certification suspended or revoked for failure to comply with the provisions of this chapter or the rules and regulations adopted pursuant thereto.

(3) The Commissioner of Agriculture and Commerce shall adopt rules and regulations to provide that any grain producer, submitting grain for sale at any elevator in the state, shall be entitled to have that grain graded by an official inspector. The grain producer shall be responsible for and shall pay the cost of grading such sample. The rules and regulations for sampling and grading grain shall be consistent with the standards adopted by the United States Department of Agriculture, Federal Grain Inspection Service.

(4) The provisions of this section shall not apply to rice.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.