SEC. 75-31-9. Testing, grading, sampling or weighing milk without license unlawful.
Sections 75-31-1, 75-31-3, 75-31-5, 75-31-6, 75-31-7, 75-31-9, 75-31-11, 75-31-13, 75-31-15, 75-31-17, 75-31-19, 75-31-21, 75-31-23, 75-31-25, 75-31-27, 75-31-29, 75-31-31, 75-31-33, 75-31-35, 75-31-37, 75-31-39, 75-31-40, 75-31-41, 75-31-43, 75-31-45, 75-31-47, 75-31-49, 75-31-51, 75-31-53, 75-31-55, 75-31-57, 75-31-59, 75-31-61 and 75-31-63, Mississippi Code of 1972, which provide for the regulation of milk and milk products by the Commissioner of Agriculture and Commerce, are repealed.
It shall be unlawful for any person to operate a milk or cream testing apparatus to determine the percentage of milk fat in milk or cream for the purpose of purchasing same, either for himself or another, without first securing a license from the state commissioner of agriculture and commerce, who shall issue such license, upon a form prepared by him, upon payment of a fee of one dollar ($1.00), provided, the applicant for license shall pass a satisfactory personal examination that shall satisfy said commissioner that he is competent and qualified to operate and use such apparatus and make an accurate test with same, which license may be revoked by the commissioner when it shall be shown that such licensed person is incompetent or unreliable. The testing of each lot of milk or cream by any unlicensed person shall constitute a separate offense under this section; provided, that any licensed person may for a valid reason satisfactory to said commissioner, appoint a substitute for a period not to exceed fifteen (15) days, and subject to the approval of said commissioner. Any person violating the requirement of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 75-31-57 of the Mississippi Code of 1972.
It shall be unlawful for any person to grade, sample, weigh or test milk or cream being bought from dairy farmers or producers without first securing a license from the commissioner of agriculture and commerce, who shall issue such license, upon a form prepared by him, upon payment of a fee of one dollar ($1.00). Each such license issued on and after April 1, 1970 shall be nontransferable and permanent unless revoked for reasons provided within this chapter.
To qualify for a license, the applicant shall make application on a form prescribed and furnished by the commissioner, furnish satisfactory evidence of good moral character, and give proof of his ability to perform the necessary duties to the satisfaction of the commissioner.
SOURCES: Codes, 1930, Sec. 4272; 1942, Sec. 4540; Laws, 1928, ch. 296; 1956, ch. 135, Sec. 2; 1970, ch. 258, Sec. 1, eff from and after passage (approved April 3, 1970). Repealed by Laws 1999, Ch. 439, Sec. 2, eff. July 1, 1999.