Title 75, Regulation of Trade, Commerce and Investments

The director shall have the custody of the state standards of weight and measure and of the other standards and equipment provided for by this article, and shall keep accurate records of the same. The director shall enforce the provisions of this article. He shall have and keep a…

The director may adopt, amend or repeal regulations for the enforcement of this article, which regulations shall have the force and effect of law. These regulations may include (1) standards of net weight, measure or count, and reasonable standards of fill, for any commodity in p…

The director shall from time to time test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which monies are appropriated by the legislature, reporting his findings, in writing, to the supervisory board a…

When not otherwise provided by law, the director shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale or purchase. It shall be the duty of the director within a twelve-month period, or less frequen…

The director shall investigate complaints made to him concerning violations of the provisions of this article, and shall, upon his own initiative, conduct such investigations as he deems appropriate and advisable to develop information on prevailing procedures in commercial quant…

The director shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether the same contain the amounts represented and whether they be kept, offered, or expo…

The director shall have the power to issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue stop-removal orders and removal orders with respect to packages or amounts of c…

(1) When used in this article:(1) The word “person” means both the plural and singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations.(2) The words “weight(s) and (or) measure(s)” means all weights and measures o…

The director shall approve for use and seal or mark with appropriate devices such weights and measures as he finds upon inspection and test to be “correct” as defined in Section 75-27-19, and shall reject and mark or tag as “rejected” such weights and measures as he finds, upon i…

With respect to the enforcement of this article and any other laws dealing with weights and measures that he is, or may be, empowered to enforce, the director is hereby vested with police powers, such as given to sheriffs and constables, and may seize for use as evidence, with wa…

The powers and duties given to and imposed upon the director by Sections 75-27-21 through 75-27-33, and 75-27-61, of this article are hereby given to and imposed upon the deputy director and inspectors also, when acting under the instructions and at the direction of the director.

Weights and measures that have been rejected shall not again be used commercially after a thirty-day waiting period or until they have been officially reexamined and found to be correct or until specific written permission for such use is issued by the rejecting authority.

Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this article, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count. Provided, that liquid commodities may be sold b…

Except as otherwise provided in this article, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce shall bear on the outside of the packa…

In addition to the declarations required by Section 75-27-41, any commodity in package form, the package being one of a lot containing random weights, measures, or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the pa…

No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed, or filled, as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard of fill as may…

Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the basic quantity of contents of the package as …

The word “weight” as used in this article in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed. Provided, ho…

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and one or the other of these systems shall be used for all commercial purposes in the State of Mississippi. The definitions of basic uni…

Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective pu…

Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in Sections 75-27-5 and 75-27-7, and all contracts concerning the sale of commodities and services shall be construed in accordance with this requ…

Any person who shall wilfully hinder or obstruct in any way the director, the deputy director, or any one of the inspectors, in the performance of his official duties shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty …

Any person who shall impersonate in any way the director, the deputy director, or any one of the inspectors, by the use of his seal or a counterfeit of his seal, or in any other manner, shall be guilty of a misdemeanor, and, upon conviction, may be punished by a fine of not less …

(1) Any person who by himself, by his agent, or as the agent of another person, commits any one (1) of the acts enumerated in paragraphs (a) through (j) of this subsection is guilty of a misdemeanor and, upon a first conviction thereof, shall be punished by a fine of not less tha…

The director is authorized to apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of this article.

For the purposes of this article, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall, in the absence of conc…

Prosecutions for violation of any provision of this article are declared to be valid and proper notwithstanding the existence of any other valid general or specific law of this state dealing with matters that may be the same as or similar to those covered by this article.

Any person engaging in the business of scale repairing or testing shall obtain a license annually from the State Director of Weights and Measures upon showing that he is qualified to repair or test scales and that he meets all requirements of the National Institute of Standards a…

The term “barrel” shall mean a unit of thirty-one (31) gallons. However, the term “barrel,” when used in reference to seafood or parts thereof, shall be the measure defined by ordinance of the Mississippi Commission on Marine Resources under authority of Sections 49-15-1 through …

Such weights and measures in conformity with the standards of the United States as have been supplied to the state by the federal government or otherwise obtained by the state for use as state standards shall, when the same shall have been certified as being satisfactory for use …

The standards of the weights and measures of this state as given below shall be deposited with the secretary of state and also at the different state institutions of learning, and the secretary of state and the proctors of those institutions are authorized to confirm and seal all…

It is hereby made a misdemeanor for any person or corporation to sell or buy any of the foregoing commodities on short weights in violation of the above schedule of rates and any such person or corporation upon conviction shall be punished by a fine of not less than Five Dollars …

If any person shall sell, keep, or offer for sale, any barrel of flour, meal, pork, or beef, as a barrel thereof, containing less than the standard weight net, he shall forfeit to the county all of such underweight flour, meal, pork, or beef which he may have in his possession.

(1) It shall be unlawful for any person, partnership, corporation, company, cooperative society, or organization to pack for sale, sell, offer or expose for sale in this state any of the following commodities except in containers of net avoirdupois weights of two (2), five (5), t…

The standard weight of coal shall and is hereby established at two thousand (2,000) pounds to the ton, or two hundred (200) pounds to the box or barrel, and unless otherwise agreed upon, coal shall be sold by the ton of two thousand (2,000) pounds, or the box or barrel of two hun…

Unless otherwise agreed upon, charcoal shall be sold by measure, and the measure of charcoal shall be a barrel of the capacity of three and one-quarter (3-¼) bushels.

(1) Timber purchased by weight or measured volume shall be purchased by weight on the basis of tonnage or pounds with one (1) ton equaling two thousand (2,000) pounds avoirdupois weight, or by measured volume so long as the measured volume is not calculated by weight but is deriv…

(a) Notwithstanding any provision within this chapter to the contrary, natural gas motor fuels shall be sold as follows:(a) Liquefied natural gas motor fuel shall be sold in diesel gallon equivalents defined as 6.06 pounds of liquefied natural gas; provided, however, that if the …

(a) If shall be unlawful for any person, firm or corporation or an agent thereof, or person acting therefor, to be engaged in whole or in part:(a) In the business of operating a packing house where livestock is purchased by weight, or(b) In the business of selling livestock by au…

The commissioner of agriculture and commerce of Mississippi and his duly appointed agents shall administer the provisions of this article. The commissioner shall have authority to promulgate, from time to time, such rules and regulations as are necessary for the enforcement of th…

The weights and measures received from the United States under joint resolutions of Congress approved June 14, 1836, and July 27, 1866, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal…

Whenever the commissioner of agriculture and commerce finds that a weighing device corresponds with the standards in his possession, he shall seal or mark such weighing device with an appropriate label or tag. He shall mark “condemned-not to be used” on incorrect weighing devices…

(1) No person, firm or corporation covered by the provisions of Section 75-27-201 shall engage in the sale or purchase of livestock, by weight, without first having secured a permit, issued by the commissioner of agriculture and commerce, for a fee not to exceed one hundred fifty…

It shall be the duty of the commissioner of agriculture and commerce, either by himself or his duly authorized agents, to inspect, examine and test any and all equipment used by such livestock sales establishments, and to check the weights of animals sold at such time, and place,…

The person who is responsible for the weighing and recording of weights of animals sold at such barns shall be known as a weigher. Each weigher, or any person so designated by the owner or weigher, shall be bonded in the penal sum of one thousand dollars ($1,000.00) with sureties…

All auctioneers shall be licensed by the payment of a fee of twenty-five dollars ($25.00) per year and no auctioneer shall be permitted to buy cattle in his name during the period while actually engaged in auctioneering.