Bill Text: MS HB552 | 2013 | Regular Session | Enrolled


Bill Title: Certificate of free sale; authorize the Dept. of Agriculture to issue for agricultural products grown, produced or manufactured in MS.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-04-23 - Approved by Governor [HB552 Detail]

Download: Mississippi-2013-HB552-Enrolled.html

MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Agriculture

By: Representative Sullivan

House Bill 552

(As Sent to Governor)

AN ACT TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE TO ISSUE CERTIFICATES OF FREE SALE FOR AGRICULTURAL PRODUCTS EXPORTED FROM THE STATE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  A certificate of free sale is sometimes required for agricultural products from Mississippi to enter importing states and foreign countries.  Persons exporting products from Mississippi are often asked by importing states and foreign countries to supply a certificate for products registered with or regulated by the Mississippi Department of Agriculture and Commerce.  The purpose of this act is to authorize the Mississippi Department of Agriculture and Commerce to issue a certificate of free sale for agricultural products and those products registered with or regulated by the department for the purpose of exporting these products from Mississippi.

     SECTION 2.  As used in this act:

          (a)  "Agricultural products" means, but is not limited to, any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed for human or livestock consumption or products that are used for agricultural purposes such as fertilizers and soil and plant amendments.

          (b)  "Department" means the Mississippi Department of Agriculture and Commerce.

     SECTION 3.  (1)  The department is authorized to issue certificates of free sale for products grown or manufactured in Mississippi or distributed and sold from Mississippi.  The business must be in good standing with the Mississippi Secretary of State's office.

     (2)  All requests for certificates must be in writing and shall contain at least the following information:

          (a)  The name under which the business is conducted and/or licensed;

          (b)  The physical address where the business is conducted;

          (c)  The type of operation conducted by the requesting establishment;

          (d)  The product's full, common or usual name of the product, the name of the manufacturer and the size of the product.  Each product size shall be submitted as a separate product.  Products on the certificate will be listed exactly as submitted;

          (e)  The country or countries to where the product is being shipped; and

          (f) The number of certificates requested.

     (3)  (a)  Labeling information, promotional information, website information, master formulas, marketing clearance letters, distribution records, and advertising affixed to, accompanying, or relating to the products may be required to be submitted for each product upon request by the department.

     If labeling is in a foreign language, applicant shall provide English translation.  Labeling information shall be in final format.  Label prototypes and drafts shall not be accepted.

          (b)  The certificate will list the product name, the manufacturer's name, and the product size, if applicable.

     (4)  The department assumes no legal liability by issuing these certificates, but merely serves to promote the export of agricultural products from the State of Mississippi.

     SECTION 4.  This act shall take effect and be in force from and after its passage.

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