As Amended
SEC. 75-45-181. Penalties.
(1) Any person convicted of violating any of the provisions of this article or who shall impede, hinder, or otherwise prevent, or attempt to prevent, said commissioner or his duly authorized agent in performance of his duty in connection with the provisions of this article, shall be adjudged guilty of a misdemeanor and shall upon conviction, be punished according to law.
(2) Any distributor distributing commercial feed adjudged by the commissioner and state chemist to be adulterated under subsection (a) of section 75-45-165 and accompanying regulations shall be guilty of violating the provisions of this article, and shall pay to the commissioner a penalty prescribed by regulations issued by the commissioner and state chemist according to section 75-45-175, if the commissioner decides such penalty is more appropriate than "withdrawal from distribution" or "condemnation and confiscation" of the product under sections 75-45-175 and 75-45-177. Such penalties shall in no case exceed twenty dollars ($20.00) per ton per violation on the lot or shipment so found to be adulterated, but in no case shall a penalty of less than ten dollars ($10.00) be imposed. Such penalties shall be levied on all quantities of a shipment of feed which have already been sold should the commissioner decide the appropriate regulatory action is issuance of a "withdrawal from distribution" order on the remainder of the lot under section 75-45-175, or a "condemnation and confiscation" order under section 75-45-177.
For the purposes of adjudging adulteration under subsection (c) of section 75-45-165, the commissioner shall be guided by "permitted analytical variations" from the guaranteed value for each feed component or analytically measurable index of the feed quality. Such permitted analytical variations from guaranteed values shall be set forth by regulation by the commissioner and state chemist.
If any manufacturer, registrant or distributor fails or refuses to pay within thirty (30) days after request has been made by the commissioner any fine assessed as penalty against a feed adjudged adulterated within the meaning of subsection (c) of section 75-45-165 and accompanying regulations, it shall then be the duty of the commissioner and state chemist to cancel all registrations of said manufacturer, registrant or distributor and refuse to accept further registrations from him until all penalties due the State of Mississippi have been paid.
SOURCES: Codes, 1942, Sec. 4449-23; Laws, 1972, ch. 474, Sec. 13; 1973, ch. 386, Sec. 2(a, b), eff from and after passage (approved March 27, 1973).