§ 69-23-101. Short title
Sections 69-23-101 through 69-23-135 may be known as the “Mississippi Pesticide Application Law of 1975.”
§ 69-23-103. Administration
Sections 69-23-101 through 69-23-135 shall be administered by the Commissioner of the Mississippi Department of Agriculture and Commerce, or his agent, herein referred to as the “commissioner.”
§ 69-23-105. Declaration of purpose
The purpose of Sections 69-23-101 through 69-23-135 is to provide a means for the state certification of applicators of restricted use pesticides required under the Federal Insecticide, Fungicide and Rodenticide Act, and to regulate in the public interest the use and application of restricted use pesticides, except as the application of restricted use pesticides is […]
§ 69-23-107. Definitions
When used in the context of Sections 69-23-101 through 69-23-135, the following terms shall be ascribed the following meanings: “Commissioner” means the Commissioner of Agriculture and Commerce of the State of Mississippi. “Certification” means the recognition by a state that a person is competent and thus authorized to use or supervise the use of restricted […]
§ 69-23-109. Commissioner to adopt regulations; reports; regulation by other agencies
The commissioner may adopt regulations to carry out the provisions of Sections 69-23-1 through 69-23-135. In adopting regulations, the commissioner shall give consideration to pertinent research findings and recommendations of other agencies of this state or federal government. The commissioner shall report to the Legislature on or before February 1 of each year any regulation […]
§ 69-23-111. Licenses and permits
After October 21, 1976, it is unlawful for any person to engage in the application or use of any pesticide that is restricted by EPA or the commissioner, except as provided for and defined in Sections 69-19-1 through 69-19-15, 69-21-101 through 69-21-128 and 69-23-1 through 69-23-29, without being certified or licensed by the commissioner. The […]
§ 69-23-113. Nonresident commercial applicators to designate Secretary of State as agent for service of process
Any nonresident commercial applicator applying for a license under Sections 69-23-101 through 69-23-135 to operate in the state shall file a written power of attorney designating the Secretary of State as the agent of such nonresident upon whom service of process may be had in the event of any suit against the nonresident person, and […]
§ 69-23-115. Violations
It is unlawful for a person to: Make false or fraudulent claims through any media misrepresenting the effect of materials or methods to be used; Conduct pest control operations in a faulty, careless or negligent manner or to operate faulty or unsafe pest control equipment; Fail to comply with the provisions of Sections 69-23-101 through […]
§ 69-23-117. Records to be maintained by commercial applicators
Commercial applicators shall maintain records with respect to the application of pesticides. Such relevant information as the commissioner may deem necessary and the length of time that these records shall be maintained may be specified by the commissioner, and upon request the licensee shall furnish a copy of such records.
§ 69-23-119. Exemptions
Any person duly licensed and certified under Section 69-19-1 through 69-19-15 or 69-21-101 through 69-21-128, is exempted from the licensing provisions of Sections 69-23-101 through 69-23-135. The commissioner may exempt any other persons as may be exempted by federal regulations. The commissioner may exempt public applicators from the requirements of Sections 69-23-113 and 69-23-117.
§ 69-23-121. Cooperative extension service to conduct courses of instruction and training
The Mississippi Cooperative Extension Service shall conduct courses of instruction and training for the purpose of carrying out the provisions of Sections 69-23-101 through 69-23-135.
§ 69-23-123. Cooperative agreements
The commissioner may cooperate with or enter into formal cooperative agreements with any public or private agency or educational institution of this state or any other state or federal agency for the purpose of carrying out the provisions of Sections 69-23-101 through 69-23-135, to encourage training of certified applicators and securing uniformity of regulations.
§ 69-23-125. Enforcement; investigations
The commissioner shall enforce the provisions of Sections 69-23-101 through 69-23-135. The commissioner or his representative may enter upon public or private premises at reasonable times for the purpose of enforcing said sections, and may investigate complaints of injury or accidents resulting from use of restricted use pesticides.
§ 69-23-127. Injunctive relief
The commissioner may obtain an injunction to enjoin the violation of Sections 69-23-101 through 69-23-135 or any regulations issued under those sections in the chancery court of the county in which the violation occurs.
§ 69-23-131. When training, examination and certification of applicators may begin
Regulations may be promulgated by the commissioner after passage. Training, examination and certification of applicators may begin after passage in order for applicants to be certified by October 21, 1976. The requirement that applicators be certified in order to use or supervise the use of restricted use pesticides shall not be effective until October 21, […]
§ 69-23-133. Advisory committee
The commissioner shall appoint an advisory committee, and by regulation establish the composition of the committee to include representatives from the agriculture, agribusiness and related industries. The purpose of the committee shall be to advise and assist the commissioner in developing regulations and plans for implementing the provisions of Sections 69-23-101 through 69-23-135 and a […]
§ 69-23-135. Penalties
Any person violating any of the provisions of this chapter or the rules and regulations issued under this chapter at a minimum is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than one (1) year or […]