Bill Text: MS HB753 | 2013 | Regular Session | Engrossed
Bill Title: Syrup Containers Law; revise to require pure syrup to comply with regulations prescribed for.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-03-05 - Died In Committee [HB753 Detail]
Download: Mississippi-2013-HB753-Engrossed.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Agriculture
By: Representative Sullivan
House Bill 753
(As Passed the House)
AN ACT TO AMEND SECTION 75-29-201, MISSISSIPPI CODE OF 1972, TO REQUIRE ENTITIES OFFERING "PURE SYRUP" PRODUCTS TO MEET THE MINIMUM REQUIREMENTS ESTABLISHED BY THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE, TO REQUIRE THE LISTING OF INGREDIENTS OF CERTAIN SYRUP PRODUCTS BY ORDER OF WEIGHT; TO AMEND SECTION 75-29-203, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO ISSUE ORDERS TO STOP THE SALE OR DISTRIBUTION OF SYRUP IN VIOLATION OF THE LAW; TO CREATE NEW SECTION 75-29-204, MISSISSIPPI CODE OF 1972, TO REQUIRE DISTRIBUTORS TO KEEP RECORD OF THE NAMES AND ADDRESSES OF MANUFACTURERS OF THE SYRUP DISTRIBUTED FOR A PERIOD OF THREE YEARS; TO AMEND SECTION 75-29-211, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE IMPOSITION OF ADMINISTRATIVE AND CIVIL PENALTIES FOR VIOLATIONS; TO REPEAL SECTION 75-29-205, 75-29-207 and 75-29-209, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZE THE COMMISSIONER TO ISSUE AN ORDER TO STOP THE SALE OR DISTRIBUTION OF SYRUP IN VIOLATION OF THE LAW, PROHIBIT THE USE OF FICTITIOUS LABELING INFORMATION AND PROVIDE THE COMMISSIONER WITH AUTHORITY TO ESTABLISH RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE SYRUP CONTAINERS LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-29-201, Mississippi Code of 1972, is amended as follows:
75-29-201. (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 container itself, plainly printed in the English language, and truly certifying the net contents of the packet, the name, brand, and the name and address of the person, or processor, offering such syrup for sale, and a true statement of the contents contained therein.
(2) It shall be unlawful for any individual, firm, organization or corporation to label and/or sell, offer for sale or expose for sale at the retail level of trade any product as "pure syrup" that does not meet the minimum requirements established by the Mississippi Department of Agriculture and Commerce. Syrup from the juice of sugar cane or sorghum may be labeled "pure cane" or "pure sorghum" syrup to coincide with the contents therein.
Any
other type of syrup must show the name of all ingredients * * *, with ingredients listed
in descending order of predominance of weight.
(3) It shall be unlawful for any manufacturer or distributor of syrup or syrup products to use a fictitious name or address on the container label required herein.
SECTION 2. Section 75-29-203, Mississippi Code of 1972, is amended as follows:
75-29-203.
(1) The Commissioner of Agriculture and Commerce of Mississippi is
hereby vested with the authority and responsibility for carrying out the
provisions of this article, and the commissioner * * *, or his
representative, * * * shall be furnished samples of
syrup or syrup products upon request, and have same analyzed by the state
chemist.
(2) 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 the syrup or syrup products sold in violation of this article, the syrup or syrup products shall be picked up by the manufacturer or distributor of those products and the buyer of the syrup or syrup products sold in violation of this article shall be refunded the purchase price by the manufacturer or distributor. Any order to stop the sale of syrup or syrup products issued pursuant to this section may be appealed to the Chancery Court of the First Judicial District of Hinds County, Mississippi, or the chancery court in the county where the violation occurred within thirty (30) days of receipt of the order.
(3) The Commissioner of Agriculture and Commerce of the State of Mississippi is authorized and empowered, in his discretion, to make and promulgate rules and regulations as may be necessary to carry out the provisions of this article.
SECTION 3. The following shall be codified as Section 75-29-204, Mississippi Code of 1972:
75-29-204. 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 such information to the commissioner upon request in order to aid the commissioner in locating the source of adulterated honey.
SECTION 4. Section 75-29-211, Mississippi Code of 1972, is amended as follows:
75-29-211. (1) Except as otherwise provided in subsection (2) of this section, any person violating the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished for such violation; and each infraction shall constitute a separate offense.
(2) Any manufacturer or distributor found to be in violation of the labeling requirements of Section 75-29-201, shall, upon conviction therefor, be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or imprisoned for a period of time not to exceed ninety (90) days, or both.
(3) In addition to the criminal penalty imposed under subsections (1) and (2) of this section, any person who by himself or herself, by his or her servant or agent, or as the servant or agent of another person, commits a violation of this chapter may be assessed by the commissioner or the commissioner's designee an administrative penalty of:
(a) Not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for a first violation;
(b) Not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00) for a second violation within twelve (12) months of the first violation; and
(c) Not less than One Thousand Dollars ($1,000.00) nor more than Three Thousand Dollars ($3,000.00) for a third violation within eighteen (18) months from the date of the first violation.
(4) Any person subject to an administrative penalty under subsection (3) of this section shall have a right to request an administrative hearing within thirty (30) days of receipt of the notice of the penalty. The commissioner or his/her designee shall be authorized to conduct the hearing after giving appropriate notice to the respondent. The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. The decision of the commissioner or his/her designee shall be subject to appropriate judicial review.
(5) If the respondent has exhausted his or her administrative appeals and the civil penalty has been upheld, he or she shall pay the civil penalty within thirty (30) days of the effective date of the final decision. If the respondent fails to pay the penalty, a civil action may be brought by the commissioner in any court of competent jurisdiction. Any civil penalty collected under this act shall be transmitted to the State General Fund.
(6) In lieu of, or in addition to, the criminal and administrative penalties provided above, the commissioner shall have the power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of this article and the rules and regulations in force pursuant thereto, in the appropriate circuit, chancery, county or justice court in which venue may lie. The commissioner may obtain mandatory or prohibitory injunctive relief, whether temporary or permanent, and it shall not be necessary for the state to post a bond or prove that no adequate remedy is available at law.
SECTION 5. Sections 75-29-205, 75-29-207 and 75-29-209, Mississippi Code of 1972, which authorize the commissioner to issue an order to stop the sale or distribution of syrup in violation of the law, prohibit the use of fictitious labeling information and provide the commissioner with authority to establish rules and regulations for the enforcement of the Syrup Containers Law, are repealed
SECTION 6. This act shall take effect and be in force from and after July 1, 2013.
