Senate Bill 2004

(As Passed the Senate)

AN ACT TO AMEND SECTION 69-1-23, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO ADOPT RULES AND REGULATIONS TO PROVIDE FOR THE GRADING, BY AN OFFICIAL INSPECTOR, OF ANY GRAIN SUBMITTED FOR SALE AT ANY ELEVATOR OR GRAIN DEALER BY A GRAIN PRODUCER; TO REQUIRE THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE TO ADOPT RULES GOVERNING THE STANDARDS FOR SAMPLING AND GRADING GRAIN THAT ARE CONSISTENT WITH THE STANDARDS FOR SAMPLING AND GRADING GRAIN DEVELOPED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE; TO REQUIRE THE DEPARTMENT TO CERTIFY GRAIN DEALERS AND COURSES OF INSTRUCTION IN SAMPLING AND GRADING GRAIN; TO PROVIDE FOR THE ISSUANCE OF CERTIFICATE FOR INDIVIDUALS CONDUCTING COURSES IN SAMPLING AND GRADING GRAIN; 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) For purposes of this section, the following terms shall have the meanings ascribed in this section unless the context clearly requires otherwise:

(a) "Commissioner" means the Commissioner of Agriculture and Commerce.

(b) "Department" means the Mississippi Department of Agriculture and Commerce.

(c) "Grain dealer" means any person engaged in the business of buying grain from producers thereof for resale or for milling or processing. A producer of grain buying grain for his or her own use as seed or feed shall not be considered as being engaged in the business of buying grain for resale or for milling or processing.

(d) "Person" means any person, firm, association or corporation.

(e) "Producer" means a farmer who grows grain and delivers to a grain dealer.

( * * *12) 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. 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.

( * * *23) The Mississippi Department of Agriculture and Commerce shall have the sole authority to recommend to the United States Department of Agriculture the 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.

( * * *34) Within the parameters of his or her authority to administer the provisions of subsection (5) the Commissioner of Agriculture and Commerce shall adopt rules and regulations to provide that any grain producer, submitting grain for sale at any elevator or grain dealer 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.

(5) (a) The Mississippi Department of Agriculture and Commerce shall adopt rules governing the standards for sampling and grading grain which are consistent with the standards for sampling and grading grain developed by the United States Department of Agriculture.

(b) The department or its designee shall certify:

(i) Grain dealers that employ grain samplers and graders; and

(ii) Courses of instruction in the methods of sampling and grading grain.

(c) The department or its designee shall issue a certificate to a grain dealer who conducts a course of instruction for sampling and grading grain that is satisfactory to the department.

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