SEC. 75-31-151. "Stop sale" orders; violation of Frozen Desserts Act is misdemeanor.

(1) The commissioner shall issue an order of "stop sale" on any frozen dessert when sold or offered for sale in violation of the provisions of sections 75-31-125 through 75-31-151 or rules adopted pursuant thereto. It shall be unlawful for any person to remove or cause to be removed any such order of "stop sale" or to dispose of a product to which an order of "stop sale" is attached without authority granted by the department or order of a court of competent jurisdiction. Such order of "stop sale" shall be in writing and shall be issued to the person in whose possession the frozen dessert is found at the time of the violation, with a copy of such order mailed to the manufacturer, distributor or guarantor at the last known address of such person.

(2) Any person, firm, association or corporation who violates any provision of sections 75-31-125 through 75-31-151 or rules or regulation promulgated pursuant thereto shall be guilty of a misdemeanor. Each and every violation shall be a separate offense.

(3) Notwithstanding the above procedures, the commissioner may, in the event of the violation or threatened violation of the provisions of sections 75-31-125 through 75-31-151 or rules and regulations promulgated pursuant thereto, file an injunction proceeding in the chancery court of the county in which the violation or threatened violation occurred or in the county in which the accused has his principal place of business. Any injunction, temporary or permanent, granted hereunder shall be issued without bond.

SOURCES: Laws, 1982, ch. 328, Sec. 14, eff from and after July 1, 1982.

1997 Amendment

Sections 75-31-125 through 75-31-151, Mississippi Code of 1972, which provide for the Mississippi Frozen Desserts Act of 1982, are repealed.

SOURCE: 1997 Laws, Chapter 334, Sec. 3, HB996, Effective July 1, 1997.