Bill Text: MS HB1304 | 2024 | Regular Session | Enrolled
Bill Title: Grain graders; provide process for certification of.
Spectrum: Partisan Bill (Republican 14-0)
Status: (Passed) 2024-04-20 - Approved by Governor [HB1304 Detail]
Download: Mississippi-2024-HB1304-Enrolled.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Agriculture
By: Representatives Pigott, Carpenter, Ford (54th), Ford (73rd), Keen, Ladner, Mangold, Mansell, Mattox, Morgan, Scoggin, Shanks, Tubb, Wallace
House Bill 1304
(As Sent to Governor)
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 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.
( * * *2) 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.
( * * *3) 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.
( * * *4) 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.
