§ 75-47-1. Title of chapter

This chapter shall be known as the “Mississippi Fertilizer Law of 1970.”

§ 75-47-11. Inspection fees

There shall be paid to the commissioner for all commercial fertilizers distributed in this state an inspection fee at the rate of Twenty-five Cents (25¢) per ton, provided that sales to manufacturers or exchanges between them are hereby exempted. Fees so collected shall be used for the payment of the costs, by act of the […]

§ 75-47-13. Tonnage reports

All fertilizer registrants transacting, distributing or selling commercial fertilizer to a nonregistrant shall file with the commissioner an annual report showing the county code of the consignee, each grade of commercial fertilizer, the amounts in tons, the Uniform Fertilizer Tonnage Reporting System (UFTRS) code, the form in which the fertilizer was distributed (bag, bulk or […]

§ 75-47-15. Inspection; sampling; analysis

It shall be the duty of the commissioner, who may act through his authorized agent, to sample and inspect, and of the state chemist to make analyses of and test commercial fertilizers distributed within this state at any time and place and to such an extent as they may deem necessary to determine whether such […]

§ 75-47-17. Plant food deficiency

Penalty for Nitrogen, Available Phosphoric Acid or Phosphorus and Potash or Potassium. – If the analysis shall show that commercial fertilizer is deficient in one or more of its guaranteed primary plant foods (NPK) beyond the “investigational allowances” as established by regulation, or if the overall index value of the fertilizer is below the level […]

§ 75-47-19. Commercial value

For the purpose of determining the commercial values to be applied under the provisions of Section 75-47-17, the state chemist shall determine and publish annually the values per unit of nitrogen, available phosphoric acid, and soluble potash in commercial fertilizers in this state. If guarantees are as provided in Section 75-47-5(c)(2), the value shall be […]

§ 75-47-21. Misbranding

No person shall distribute misbranded fertilizer. A commercial fertilizer shall be deemed to be misbranded: If its labeling is false or misleading in any particular. If it is distributed under the name of another fertilizer product. If it is not labeled as required in Section 75-47-9 and in accordance with regulations prescribed under this chapter. […]

§ 75-47-23. Adulteration

No person shall distribute an adulterated fertilizer product. A commercial fertilizer shall be deemed to be adulterated: If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for […]

§ 75-47-25. Publications

The commissioner shall publish at least annually and in such forms as he may deem proper: (a) Information concerning the distribution of commercial fertilizers, (b) Results of analyses based on official samples of commercial fertilizers distributed within the state as compared with the analyses guaranteed under Section 75-47-7 and Section 75-47-9.

§ 75-47-27. Rules and regulations

The commissioner and state chemist are authorized to prescribe and, after a public hearing following due public notice, to enforce such rules and regulations relating to investigational allowances, definitions, records, and the distribution of commercial fertilizers, and any other matters not inconsistent with the meaning and intent of this chapter, as may be necessary to […]

§ 75-47-29. Check weighing

Sections 75-27-1 through 75-27-67 shall be applicable with respect to the regulation and checking of the measure and weight of commercial fertilizers.

§ 75-47-3. Enforcing officials

This chapter shall be administered jointly by the commissioner of agriculture and commerce of the State of Mississippi, hereinafter referred to as the commissioner, and the state chemist of Mississippi, as specified in the following sections.

§ 75-47-31. Cancellation of registrations

The commissioner and state chemist are authorized and empowered to cancel the registration of any brand of commercial fertilizer or to refuse to register any brand of commercial fertilizer as herein provided, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of this […]

§ 75-47-33. “Stop sale” orders

The commissioner may issue and enforce a written or printed “stop sale, use, or removal” order to the owner or custodian of any lot of commercial fertilizer and to hold at a designated place when the commissioner finds said commercial fertilizer is being offered or exposed for sale in violation of any of the provisions […]

§ 75-47-35. Seizure; condemnation; sale

Any lot of commercial fertilizer not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which said commercial fertilizer is located. In the event the court finds the said commercial fertilizer to be in violation of […]

§ 75-47-37. Violations

If it shall appear from the examination of any commercial fertilizer that any of the provisions of this chapter or the rules and regulations issued thereunder have been violated, the commissioner shall cause notice of the violations to be given to the registrant, distributor, or possessor from whom said sample was taken; any person so […]

§ 75-47-39. Exchanges between manufacturers

Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer to manufacturers or manipulators who have registered their brands as required by the […]

§ 75-47-5. Definitions of words and terms

The term “commercial fertilizer” means any substance containing one or more recognized plant nutrient(s) which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum, and other products exempted by […]

§ 75-47-7. Registration

Each brand and grade of commercial fertilizer shall be registered before being distributed in this state. The application for registration shall be submitted to the commissioner on forms furnished by the commissioner, and shall be accompanied by a fee of Ten Dollars ($10.00) per brand and grade, except that those fertilizers sold in packages of […]

§ 75-47-9. Labels

Any commercial fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the information required by Section 75-47-7(1)(a), (b), (c), and (d) of this chapter. In case of bulk shipments, this information in written or printed form shall accompany […]