Title 75, Regulation of Trade, Commerce and Investments

Before any baby chicks are offered for sale at any auction or auction sale barn or community sale, except public sales conducted by farmers selling baby chicks raised on their own premises, a permit shall be granted to offer such baby chicks for sale by the livestock sanitary boa…

Any person who desires to offer baby chicks for sale at any auction or auction sale barn or community sale, shall apply for a permit so to do to the state veterinarian or the livestock sanitary board, on a form which shall be prescribed and furnished by the livestock sanitary boa…

Before any such chicks are offered for sale or sold, each box, crate, coop or other container shall be plainly labeled with appropriate statements designating the kind and number of chicks in each such container, the date on which such chicks were hatched and by whom hatched, and…

Within three (3) days after the sale shall have been held, the person who conducted the sale shall send a statement to the livestock sanitary board giving a complete list of the number and kind of baby chicks sold at such sale, the name and address of each purchaser, together wit…

It shall be unlawful for any person to import or cause to be imported into this state any live skunk, or to sell, barter, exchange or otherwise transfer any live skunk; provided, however, that the provisions of this article shall not apply to bona fide zoos or research institutio…

Any violation of this article shall be a misdemeanor and shall be punishable by imprisonment in the county jail for not more than ninety (90) days or by a fine not to exceed five hundred dollars ($500.00), or both.

This article may be cited as the “Mississippi Bird Dealers Licensing Act.”

(a) For the purposes of this article, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:(a) “Bird dealer” shall mean any person engaged in the business of dealing in, purchasing, breeding or offering for sale, whether at who…

It shall be unlawful for any person to act as a bird dealer unless such person has a valid bird dealer’s license. Acting as a bird dealer without a license in violation of this section constitutes a misdemeanor.

Bird dealers’ licenses shall be issued by the board for a period of one (1) year and shall be annually renewable. The board may establish separate classes of licenses, including wholesale and retail licenses. The board shall fix fees for licenses so that the revenue derived there…

(1) Every bird dealer shall keep records sufficient to identify:(a) Each exotic or pet bird in his possession or sold by him by species and description;(b) The name, address and telephone number of the person from whom each such bird was acquired and, if such person is a licensed…

The State Veterinarian may quarantine, seize and destroy any birds which present a hazard of carrying exotic or untreatable disease as determined by rules and regulations promulgated by the board. The board shall pay an indemnity to the owner of any seized or destroyed birds from…

The board may make any rules and regulations not inconsistent with this article governing the business of dealing in or the transportation of exotic or pet birds.

(1) Whenever it may appear to the Commissioner of Agriculture and Commerce or to his agent, either upon investigation or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act, practice or transaction which is prohibited by any law or regul…

(1) The State Veterinarian may institute suits or other legal proceedings in any court of proper venue as may be required for the enforcement of any law or regulation governing activities for which registration with or a license or permit from the board is required by this articl…

Every public ginner shall plainly mark or stamp upon each bale of cotton packed or baled by him, the number of the bale, his own initials, and the initials of the customer for whom the cotton is ginned and baled, and shall enter in a book or register the name of the customer, the…

It shall be unlawful for chain operators of cotton gins, operating gins in two or more places within the State of Mississippi, to discriminate in prices paid for cottonseed or in the prices charged for ginning services; the necessary operating expenses, freight rates, and other p…

On conviction of violating Section 75-41-11, such operator of chain gins shall be fined in the sum of One Hundred Dollars ($100.00) per bale for the first five (5) bales, and Ten Dollars ($10.00) for each successive bale ginned a day in pursuance of such discriminatory practices;…

Any person, natural or artificial, being injured or damaged by a violation of the provisions of Section 75-41-11, whether said damages be direct or indirect, may recover as liquidated damages in any appropriate action or suit in the circuit or chancery courts, the sum of One Hund…

Every public cotton weigher, and every person who weighs cotton for any warehouse or gin or cotton buyer, shall keep a book or register, in which he shall enter all marks or stamps provided for in Section 75-41-1 appearing upon each bale of cotton weighed by him, and shall allow …

Any landowner, tenant or manager of any lands in this state may store his own grain in a farm warehouse built and situated on such land and receive a warehouse receipt for the same by complying with the provisions of this chapter. Nothing in this chapter shall require any person …

(1) All warehouse receipts issued are hereby made negotiable, transferable and assignable, provided that when the warehouse receipt is issued to a tenant, it shall be issued only subordinate to the landlord’s lien and the name of such landlord shall be given thereon. Provided, ho…

(1) Every farm warehouseman to whom warehouse receipts are issued shall at all times keep the grain stored in the farm warehouse insured by an insurance company authorized to do business in this state. The grain is to be insured for its full market value against loss by fire, inh…

(1) Any person who wilfully makes a false or fraudulent representation in his application for a license or warehouse receipt, or who wilfully removes or permits to be removed from the farm warehouse or warehouses owned or controlled by him, any grain contained in such warehouses …

In case any one to whom a warehouse receipt is issued, under the provisions of this chapter, shall negotiate, assign, transfer or pledge the same to any person, individual, firm or corporation, as security for any money, credit or other obligation, and shall thereafter pay or ten…

(a) When used in this chapter:(a) “Person” shall mean individuals, corporations, partnerships and all associations of two (2) or more persons having a joint or common interest.(b) “Commissioner” shall mean the commissioner of the Mississippi Department of Agriculture and Commerce…

The commissioner shall carry out and enforce the provisions of this chapter and is hereby empowered to promulgate rules and regulations to carry out necessary inspections and to appoint and fix the duties of his personnel and provide such equipment as may be necessary to assist h…

If, after proper application, the commissioner denies any person, partnership, association or corporation a license to operate a farm warehouse, the commissioner shall transmit immediately to the applicant by certified mail an order so providing, which shall state the reasons for…

Immediately upon receipt of his license or of any modification or extension thereof, the farm warehouseman shall post the license in a place designated by the commissioner, and thereafter keep it posted until suspended or terminated.

(1) If a farm warehouseman is convicted of any crime involving fraud or deceit, or if the commissioner determines that any farm warehouseman has violated any of the provisions of this chapter, or any of the rules and regulations adopted by the commissioner pursuant to this chapte…

(1) Before any person is granted a license pursuant to Section 75-43-3, such person shall give a bond to the commissioner executed by the farm warehouseman as principal and by a corporate surety licensed to do business in this state as a surety, such bond to be approved by the co…

(1) Any person coming under the provisions of this chapter and desiring to utilize the provisions thereof shall file with the Mississippi Department of Agriculture and Commerce, an application for a license, stating the legal description of the land, the location of the building …

(1) The amount of bond to be furnished for each farm warehouse shall be fixed at a rate of not less than twenty cents (20¢) per bushel for the first one million (1,000,000) bushels of licensed capacity; not less than fifteen cents (15¢) per bushel for the next one million (1,000,…

If an application is made for an amendment to a license and no bond previously filed by the farm warehouseman under Sections 75-43-29 and 75-43-31 covers obligations arising during the period covered by such amendment, the farm warehouseman shall file with the commissioner an add…

(1) In the absence of any contrary contractual agreement between the parties, it shall be the duty of the farm warehouseman to redeem a warehouse receipt within ten (10) days of the demand for the redemption of such receipt. Any holder of a warehouse receipt issued to a farm ware…

(1) It shall be the duty of each farm warehouseman to whom a warehouse receipt or receipts have been issued to maintain the grade of the grain which he certified in his application for a warehouse receipt, as required by Section 75-43-7. (2) If the farm warehouseman does not main…

Every farm warehouse for which there is a warehouse receipt outstanding shall be examined monthly by the commissioner. The cost of such examination shall be included in the annual license fee. The commissioner, at his discretion, may make additional examinations of any public gra…

At least one (1) actual or skeleton copy of all receipts shall be made and retained by the commissioner, and all copies shall have clearly and conspicuously printed or stamped on them the words “Copy-Not Negotiable.”

The form of all receipts shall be approved by the commissioner. The commissioner shall be authorized to have printed by the state printer all warehouse receipts to be issued by the commissioner.

If a farm warehouseman delivers only a part of a lot of grain for which a warehouse receipt has been issued, the commissioner, upon proper notice, shall take up and cancel such receipt and issue a new receipt for the undelivered portion of grain.

A farm warehouseman shall not deliver grain for which a warehouse receipt has been issued until the receipt has been returned to him and cancelled.

No warehouse receipt shall be issued, unless the grain for which it is to be issued is actually present in storage in the warehouse, nor shall any receipt be issued for a greater quantity of grain than is in storage in the warehouse, nor shall more than one (1) receipt be issued …

Any person operating a farm warehouse who desires to discontinue such operation at the expiration of his license, or whose license is suspended, revoked or cancelled by the commissioner or his designated representative, shall notify the commissioner and all holders of warehouse r…

No inspector or employee of the commissioner’s office shall disclose any information obtained by him in the course of his employment related to the affairs or transactions of any farm warehouse without first having obtained the express permission in writing of such farm warehouse…

The provisions and definitions of the Uniform Commercial Code relating to warehouse receipts, to the extent not inconsistent with this chapter, shall govern warehouse receipts issued by the commissioner under this chapter, and the other provisions of the Uniform Commercial Code s…

(1) Whoever holds a license to operate a farm warehouse, as provided for by this chapter, shall be entitled to have issued on his own grain stored in his farm warehouse or warehouses, a warehouse receipt or receipts, which shall be issued by the commissioner upon compliance with …