Bill Text: MS SB2808 | 2026 | Regular Session | Introduced

Mississippi Senate Bill 2808

Introduced

Bill Title: MDAC; authorize to issue subpoenas and apply to circuit courts for administrative inspections and search warrants.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2026-02-03 - Died In Committee [SB2808 Detail]

Download: Mississippi-2026-SB2808-Introduced.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary, Division B

By: Senator(s) Berry

Senate Bill 2808

AN ACT TO CREATE SECTION 69-1-401, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO ISSUE ADMINISTRATIVE SUBPOENAS FOR PROCEEDINGS BEFORE THE DEPARTMENT; TO PERMIT THE COMMISSIONER AND ANY DESIGNATED AGENT TO ADMINISTER OATHS AND AFFIRMATIONS, EXAMINE WITNESSES AND RECEIVE EVIDENCE; TO CREATE SECTION 69-25-36, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BUREAU OF PLANT INDUSTRY WITHIN THE REGULATORY OFFICE OF THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE TO APPLY TO CIRCUIT COURTS FOR ADMINISTRATIVE INSPECTION AND SEARCH WARRANTS FOR PREMISES OF ENTITIES OR INDIVIDUALS THAT ARE LICENSED OR REGULATED BY THE BUREAU, WHICH HAS DENIED ACCESS TO THE DEPARTMENT; TO PRESCRIBE THE CIRCUMSTANCES BY WHICH THE BUREAU MAY FACILITATE THE ISSUANCE AND EXECUTION OF ADMINISTRATIVE INSPECTION AND SEARCH WARRANTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 69-1-401, Mississippi Code of 1972:

69-1-401. (1) The Commissioner of Agriculture and Commerce shall have the power to issue subpoenas and subpoena duces tecum to compel the attendance of witnesses and the production of documents, papers, books, records and other evidence in a hearing or proceeding before him or her in any matter over which he or she has jurisdiction.

(2) The commissioner or any agent designated by him or her, may administer oaths and affirmations, examine witnesses and receive evidence. The attendance of witnesses and the production of evidence may be required from any place in the state at any designated place of hearing.

(3) (a) If a person is served with a subpoena to give testimony, or to produce evidence as required thereby, and refuses to do so, a circuit court judge in the county in which the hearing or proceeding is to occur shall, upon application and proof of such refusal, make an order awarding process of subpoena or subpoena duces tecum, for the witness to appear before the commissioner and to give testimony, and to produce evidence as required thereby. Upon filing the order in the office of the clerk of the court, the clerk shall issue process of subpoena, as directed, under the seal of the court, requiring the person to whom it is directed, to appear at the time and place therein designated.

(b) If any person served with any subpoena issued by the circuit court shall refuse to obey the same, or to give testimony, or to produce evidence as required thereby, the commissioner may apply to the circuit court for an order of contempt.

SECTION 2. The following shall be codified as Section 69-25-36, Mississippi Code of 1972:

69-25-36. (1) If the Bureau of Plant Industry within the Regulatory Office of the Mississippi Department of Agriculture and Commerce is denied access to records or authority to inspect the premises of entities or individuals which the Bureau of Plant Industry licenses or regulates and for which it has statutory authority to inspect and access said premises and documents, the department may apply to the circuit court of the county in which the premises and documents are located for an administrative inspection and search warrant.

(2) Issuance and execution of administrative inspection and search warrants for the bureau shall be as follows:

(a) A circuit court judge, upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections for matters set forth in subsection (1) of this section, and seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this article or rules thereunder, sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant. All such warrants shall be served during normal business hours;

(b) A search warrant shall be issued only upon an affidavit of a person having knowledge or information of the facts alleged, sworn to before the circuit court judge and establishing the grounds for issuing the warrant. If the judge is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he or she shall issue a warrant identifying the area, premises, building or conveyance to be searched, the purpose of the search, and, if appropriate, the type of property to be searched, if any. The warrant shall:

(i) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;

(ii) Be directed to a department employee to serve and execute;

(iii) Command the person to whom it is directed to inspect the area, premises, building or conveyance identified for the purpose specified, and if appropriate, direct the seizure of the property specified;

(iv) Identify the item or types of property to be seized, if any; and

(v) Direct that it be served and designate the judge or magistrate to whom it shall be returned;

(c) A warrant issued pursuant to this section must be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one (1) credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant; and

(d) The judge who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the court for the judicial district in which the inspection was made.

(3) When authorized by an administrative inspection warrant issued in accordance with the conditions imposed in this section, an officer or employee designated by the department, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter the premises for the purpose of conducting an administrative inspection related to an investigation, proceeding or hearing of the department.

(4) When authorized by an administrative inspection warrant, an officer or employee designated by the department may:

(a) Seize, inspect and copy records required by this article to be kept;

(b) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection (5) of this section, all other things therein, including records, files, papers, processes, controls and facilities bearing on violation of this article; and

(5) This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena under the authority of Section 69-1-401, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:

(a) If the owner, operator or agent in charge of the controlled premises consents;

(b) In situations presenting imminent danger to health or safety;

(c) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

(d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or

(e) In all other situations in which a warrant is not constitutionally required.

(6) Any officer acting under such warrant shall, as soon as practical, after entering the premises, identify himself or herself and give the reasons and authority for his or her entrance upon the premises.

SECTION 3. This act shall take effect and be in force from and after July 1, 2026.