Title 75, Regulation of Trade, Commerce and Investments

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.

All scales used in the weighing of livestock at public auction shall be so located and operated that they will at all times be conveniently accessible. Provided, further, that scales shall be equipped with weight indicator to provide exact duplicate of weight on each animal weigh…

Each barn shall be required to post in a conspicuous place, printed in large type letters and numbers, not less than 36 point type, a complete schedule of charges to be made on the handling of all types of sales. This schedule shall remain permanently posted.

Any person, firm, corporation, association, or co-operative violating any of the provisions of this article or any of the rules and regulations promulgated hereunder shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred do…

No prosecutions shall be commenced under this article for violations of Sections 75-27-201 and 75-27-203 hereof until the initial testing of scales has been made or sought to be made by the commissioner of agriculture and commerce or his representatives.

This article shall be cited as the “Bonded Weighmaster’s Law.”

(1) For the purposes of this article, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:(1) “Bonded weighmaster” shall mean any person engaged in the business of public weighing who shall weigh or measure any property, commo…

(1) A citizen of the United States or a person who has declared his intention of becoming such a citizen, who is a resident of the State of Mississippi, not less than twenty-one (21) years of age, of good moral character, who has the ability to weigh accurately and to make correc…

(1) Any person, as defined by Section 75-27-303(3), or business before engaging in business as a public weighmaster shall obtain a license from the commissioner. Applications for such license shall be made on forms prescribed and furnished by the commissioner. Licenses issued her…

Each person, at the time application is made for a bonded weighmaster’s license, shall execute an official weighmaster’s oath in which he agrees to lawfully and faithfully fulfill the duties and responsibilities of a bonded weighmaster. The weighmaster’s oath shall be made a part…

(1) Each bonded weighmaster shall, at his or her own expense, provide himself or herself with an impression seal. The licensee’s name and the word “Mississippi” shall be inscribed around the outer margin of the seal and the words “Bonded Weighmaster” shall be inscribed in the cen…

At the time application is made for a bonded weighmaster’s license and before the issuance of such license by the commissioner, applicant shall file with the commissioner a bond in the penal sum of Five Thousand Dollars ($5,000.00) payable to the State of Mississippi with surety …

(1) The commissioner shall prescribe the form of weight or measurement certificate to be used by all bonded weighmasters in this state. (2) Such weight or measurement certificate shall include but shall not be limited to the following:(a) The name of the property, commodity, prod…

(1) When making a weight or measurement determination as provided for by this article, a licensed bonded weighmaster shall use a weighing or measuring device that is of a type suitable for the weighing or measuring of the amount and kind of material to be weighed or measured and …

The Commissioner of Agriculture and Commerce of the State of Mississippi is hereby authorized, empowered and directed to administer and enforce this article and may prescribe, adopt and enforce rules and regulations as may be necessary to carry out the stated intent herein. The c…

(1) No person shall assume the title of licensed weighmaster, or any title of similar import, perform the duties or acts to be performed by a licensed weighmaster under this article, hold himself or herself out as a licensed weighmaster, issue any weight certificate, ticket, memo…

(1) Any person convicted of violating any of the provisions of this article or who shall impede, hinder or otherwise prevent or attempt to prevent the commissioner or his duly authorized agent in performance of his duty in connection with the provisions of this article shall be a…

The provisions of this article shall be supplemental to the provisions of Sections 75-27-1 through 75-27-223 and any other laws providing for weights and measures of property; however, if any conflict arises between any provision of this article and such other laws, the provision…

The Legislature finds that there is a need for the equal and uniform regulation of all food and food products and for the provision for the sale of such products. This article is intended to authorize the State Board of Health to provide a regulatory framework for the intrastate …

An article shall be deemed to be mislabeled or misbranded: If such article is not in conformity with the requirements for the declaration of net quantity of contents of Section 4 of the Fair Packaging and Labeling Act (15 USCS 1451 et seq.) and the regulations promulgated pursuan…

The State Board of Health is hereby charged with the enforcement of this chapter. The State Board of Health shall have the authority to establish such rules and regulations not inconsistent with this chapter as will best carry its provisions into effect, unless regulation of food…

In the discretion of the State Board of Health, samples or specimens for analysis may be taken by duly qualified and sworn inspectors. Whenever practicable, samples shall be taken by representatives of the board. The Office of the State Chemist shall have primary responsibility f…

Upon showing of identification, representatives of the State Board of Health shall have free access at all reasonable hours to any place where foods are sold, and in calling for and taking a sample of any food, he shall tender the market price asked for it.

Any person or dealer who shall impede, obstruct, hinder, prevent or attempt to prevent a representative of the State Board of Health in the performance of his duties, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than One Hundred Dollars ($100.00)…

(1) Whenever a duly authorized agent of the State Board of Health finds, or has probable cause to believe, that any food, as defined by this article, is adulterated or so misbranded as to be dangerous or fraudulent, within the meaning of this article, he shall affix to such artic…

It shall be the duty of each district attorney, county attorney or city attorney to whom the State Board of Health reports any violation of this article to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner require…

An article of food shall be deemed to be adulterated: If it is adulterated as defined in Section 402 of the Federal Food, Drug and Cosmetic Act, as amended, codified at 21 USC 342.

Nothing in this article shall be construed as requiring the State Board of Health to report for prosecution or for the institution of proceedings under this article minor violations of this article, whenever the board believes that the public interest will be adequately served in…

It shall be unlawful for any person, persons, firm or corporation, within this state, to manufacture for sale, produce for sale, knowingly expose for sale, have in his or their possession for sale, or sell any article of food which is adulterated, misbranded or insufficiently lab…

The term “food” as used in this article shall include every article used for, or entering into the composition of, or used or intended for use in the preparation of food or drink for human consumption, whether simple, mixed or compound.

An article shall be deemed to be misbranded: First. — If it be an imitation of or offered for sale under the name of another article. Second. — If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the content…

The board of supervisors of every county, and the governing authority of every city, town, and village, respectively, may appoint and commission a suitable person to be inspector of food, and said boards may direct, from time to time, what kinds of food shall be inspected.

The said boards may respectively make and publish all needful regulations for the government of the inspectors, and of dealers in food, and may enforce such regulations by proper penalties, and they may prescribe and regulate the compensation of the inspector and his fees and per…

Every inspector of food, before he enters on his duties, shall take and subscribe the following oath, to be attached to his commission: “I, A B, do swear [or affirm] that, as inspector of food for the , I will not knowingly or wilfully injure any person, or suffer any injury to b…

Every inspector of food shall be liable, civilly and criminally, as other officers are, for fraud and any malfeasance or misfeasance in office.

In case it be necessary or proper, the board of supervisors, or the governing authority of every city, town, and village, shall supply the inspector with all the necessary instruments for gauging and ascertaining the contents of vessels of liquids; and such boards may direct and …

Any person who shall oppose or obstruct any inspector of food in the discharge of his official duties, shall, for every such offense, forfeit and pay two hundred dollars ($200.00), and shall, moreover, be liable for any injury or damage that may be sustained by any such oppositio…

(1) Every container of syrup sold, offered, or exposed for sale, through a retail outlet, by an individual, firm or corporation in the State of Mississippi shall have on the outside of each container a paper label, permanent type stamped imprint, or embossed material on the conta…

Distributors are required to keep records of the names and addresses of the manufacturers whose syrup they distribute for a period of three (3) years and to provide that information to the commissioner upon request to aid the commissioner in locating the source of adulterated syr…

The Mississippi Department of Agriculture and Commerce is hereby vested with the authority and responsibility for carrying out the provisions of this article, and the Commissioner of Agriculture and Commerce, or his representative, shall be furnished samples of syrup or syrup pro…

The Commissioner of Agriculture and Commerce is authorized, in his discretion, to issue an order to stop the sale or distribution of any syrup or syrup products found to be in violation of this article. Upon written notice by the commissioner to the manufacturer or distributor of…