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Mississippi Code Title 69. Agriculture, Horticulture, and Animals § 69-3-3

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Every seedsman who sells, offers for sale, exposes for sale, distributes or solicits orders for the sale of any agricultural seed or mixtures thereof, vegetable seed, flower seed, or tree and shrub seed as defined in Section 69-3-1 to farmers, retail seed dealers, wholesale distributors, or to others who use or plant such seed in the State of Mississippi, shall, before selling or offering such seed for sale or distributing or soliciting orders for the sale of such seed and on or before the first day of July of each year, secure an annual permit from the commissioner to engage in such business. Seed dealers and other sellers of seed shall apply for an annual permit upon forms prescribed by the commissioner and such a permit shall be issued upon the payment of the following permit fees when the application is in proper form:

(a) Each seedsman selling packet seed, in closed containers of less than four (4) ounces, through commission merchants or agents, shall furnish each agent with permit at fee of Two Dollars and Fifty Cents ($2.50) per agent. A separate permit shall be required for each location or place of business with rack display.

(b) For each seedsman engaged in selling vegetable seed at retail from containers of four (4) ounces or more, not displayed on a rack, a permit fee of Five Dollars ($5.00) for each such place of business. This permit will qualify the seedsman to only sell vegetable seeds, as identified by the Federal Seed Act, directly to the consumer.

(c) For each seedsman engaged in selling seed at retail to the consumer, except vegetable seed dealers as defined above and packet seed agents, a permit fee of Twenty-five Dollars ($25.00) for each such place of business. This permit will qualify the seedsman to only sell seed to the consumer for sowing but not for resale.

(d) For each seedsman engaged in selling seed to wholesale distributors only, a permit fee of Five Dollars ($5.00) for each such place of business of the seller. This permit will qualify the seedsman to sell only to “wholesale distributors.”

(e) For each seedsman engaged in selling seed as a wholesale distributor, a permit fee of One Hundred Dollars ($100.00) for each such place of business. This permit qualifies a seedsman to sell at levels for permits required by paragraphs (a), (b), (c), (d) and (e) of this subsection.

(2) Out-of-state seedsmen who sell or ship seed into this state shall obtain a permit in the same manner as described in paragraphs (a), (b), (c), (d) and (e) of subsection (1).

(3) For the purpose of enforcement of the permit provisions of this section, the type of permit held by the buyer shall determine the type of permit required of the seller.

(4) Permits shall be renewed annually, beginning July 1, and may be revoked for cause by the commissioner. Failure to renew such permit by September 1 of each year will incur a penalty of twenty-five percent (25%) to the cost of the permit. The initial registration will be at the prescribed fee. However, the fee for first time permit applicants received on or after April 1 will be prorated by the commissioner for all classifications except packet agent permits.

(5) The Mississippi Agricultural and Forestry Experiment Station shall be exempt from permit requirements for seed distributed for increase.

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Cite this article: FindLaw.com - Mississippi Code Title 69. Agriculture, Horticulture, and Animals § 69-3-3 - last updated January 01, 2025 | https://codes.findlaw.com/ms/title-69-agriculture-horticulture-and-animals/ms-code-sect-69-3-3/

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