Bill Text: MS HB1310 | 2025 | Regular Session | Introduced
Bill Title: False claims of damage for application of certain agricultural agents; shall be misdemeanor on third occurrence.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-20 - Referred To Judiciary B;Agriculture [HB1310 Detail]
Download: Mississippi-2025-HB1310-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary B; Agriculture
By: Representative Owen
House Bill 1310
AN ACT TO PROVIDE THAT THE INTENTIONAL AND WILLFUL FALSE ALLEGATIONS OF DAMAGE AS AN ALLEGED DIRECT RESULT FROM CERTAIN PESTICIDES, FERTILIZERS AND OTHER AGENTS THROUGH CHEMIGATION, FERTIGATION AND AERIAL APPLICATION SHALL BE DEEMED A MISDEMEANOR ON THE THIRD OCCURRENCE OF SUCH FALSE REPORTING TO A LAW ENFORCEMENT AGENCY OR THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE; TO PRESCRIBE PENALTIES FOR SAID VIOLATIONS; TO STIPULATE THAT INCONCLUSIVE FINDINGS BY THE BUREAU OF PLANT INDUSTRY OF DAMAGES REPORTED CAUSED BY DRIFT OR SPRAY SHALL NOT ACCOUNT FOR ONE OF THE THREE FALSE CLAIM VIOLATIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) It shall be unlawful for any person to intentionally and willfully make false claim of damages to a law enforcement agency or to the Mississippi Department of Agriculture and Commerce, alleged to be a direct result from the use and application of pesticides, herbicides, insecticides, fungicides, rodenticides, fumigants, and plant growth regulators, fertilizers and other agents through the processes of chemigation, fertigation or aerial applicators. Any person who violates the provisions of this section shall, upon the third occurrence, be guilty of a misdemeanor, and upon conviction, shall be imprisoned in the county jail for a period of six (6) months, a fine not to exceed less than One Thousand Dollars ($1,000.00), or both, plus any additional amounts for attorney's fees, costs for law enforcement compensation, court costs and/or court fees created or caused as a result of the allegations.
(2) Subject to the Mississippi Department of Agriculture and Commerce Bureau of Plant Industry, any claims for damages alleged to be the result from drift or spray application be deemed inconclusive shall not be considered a violation of subsection (1) of this act, for purposes of being considered one (1) the three (3) qualifying false claim violations.
SECTION 2. This act shall take effect and be in force from and after July 1, 2025.
