SEC. 75-31-59. Unfair discrimination; penalty.
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1972, which provide for the regulation of milk and milk products by the Commissioner of Agriculture and Commerce, are repealed.
(1) Any person doing business in the State of Mississippi and engaged in the production, manufacture, sale, or distribution of any dairy products, that shall, for the purpose of destroying the business of a competitor, in any locality, or creating a monopoly, discriminate between different sections, localities, communities, cities or towns of the state, by selling such commodity at a lower rate or price in one section, locality, community, city or town, than such commodity is sold by such person in any other section, locality, community, city or town, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of the transportation from the point of production or purchase, if a raw product, to the place of sale, storage or distribution, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared unlawful; provided, however, that prices made to meet competition in such section, locality, community, city or town shall not be in violation of this section.
(2) Any person doing business in the State of Mississippi, and engaged in the business of purchasing for manufacture, storage, sale or distribution, any dairy product, that shall for the purpose of destroying the business of a competitor or creating a monopoly, discriminate between different sections, localities, communities, cities or towns in the state, by purchasing such commodity at a higher rate or price in one section, locality, community, city or town, than is paid for such commodity by such person in any other section, locality, community, city or town, after making due allowance for the difference, if any, in the grade or quality, and in the actual cost of transportation from the point of purchase to the point of manufacture, sale or distribution or storage, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared to be unlawful; provided, however, that prices made to meet competition in such locality, section, community, city or town shall not be a violation hereof.
(3) Any person convicted of a violation of this section, shall be fined not less than $500.00 nor more than $5,000.00 or be imprisoned in jail not more than twelve months, or both.
SOURCES: Codes, 1930, Sec. 4291; 1942, Sec. 4558; Laws, 1928, ch. 296. Repealed by Laws 1999, Ch. 439, Sec. 2, eff. July 1, 1999.