SEC. 75-31-423. Butter defined.

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1972, which provide for the regulation of milk and milk products by the Commissioner of Agriculture and Commerce, are repealed.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) Butter is the clean, nonrancid product made by gathering in any manner the fat of fresh or ripened milk or cream into a mass which also contains a small portion of other milk constituents with or without salt or added coloring matter and contains not less than 80% by weight of milk fat, all tolerances having been allowed for.

(2) All milk and cream used in the manufacture of creamery butter must be pasteurized to a temperature of 145 degrees F. and held for thirty minutes, using the intermittent system of pasteurization, or shall be heated to 170 degrees F. with the flash or continuous system of pasteurization.

(3) All one-quarter, one-half, one-pound, and two-pound packages or rolls of butter, or other packages, including tubs, when offered to retail trade in this state, must be plainly marked on outside of container and wrapper, as prescribed by the commissioner of agriculture and commerce, with the name and location of manufacturer or distributor, and the grade of cream from which manufactured, as described in section 75-31-401. Provided, however, that the provisions of this subsection shall apply only to licensed creameries and not to individual dairymen retailing their own products.

(4) If, on examination by the commissioner of agriculture and commerce or analysis by the state chemist, any dairy product is found in possession or being sold, exposed or offered for sale in violation of any provision of this article or any rules or regulations promulgated by authority of this article, the commissioner or his legal representative shall serve written notice on the person selling, exposing, or offering for sale, the product, that said product is condemned and the sale of same is prohibited, then the commissioner of agriculture and commerce shall give the accused an opportunity to be heard in his own defense, and if it shall then appear that any of the provisions of this article have been violated the commissioner of agriculture and commerce shall certify the facts to the proper prosecuting attorney and shall furnish that officer with a copy of the results of the analysis or other examinations duly authenticated under oath by the analyst or other officer making the examination. The prosecuting attorney shall then cause to be issued a writ of seizure on the article of food and institute criminal procedure against the person charged with violation of this article.

(5) Any product, condemned under this article shall, after entry of the decree, be disposed of by destruction or sale as the court may, in accordance with the provisions of this section, direct, and the proceeds thereof, if sold, less the legal costs and charges shall be paid to the owner, but such product shall not be sold under such decree contrary to provisions of this article; provided, that after entry of the decree and upon the payment of the costs of such proceedings and the execution of a good and sufficient bond conditioned that such product, shall not be sold or disposed of contrary to the provisions of the article, the court may by order direct that such product be delivered to the owner thereof to be destroyed or brought into compliance with the provisions of this article under the supervision of an officer or employee duly designated by the commissioner of agriculture and commerce.

(6) Any person manufacturing, or offering for sale, creamery butter, who does not comply with this section, shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 75-31-421 of this article.

SOURCES: Codes, 1930, Sec. 4277; 1942, Sec. 4572; Laws, 1928, ch. 296; 1936, ch. 292. Repealed by Laws 1999, Ch. 439, Sec. 2, eff. July 1, 1999.