The Mississippi Pure Seed Law provides for arbitration when a consumer has a complaint alleging failure of seed to produce or perform as represented by the label. The process for filing such a complaint is as follows:
1. The consumer shall file a sworn complaint (signed and notarized) with the Mississippi Department of Agriculture and Commerce. A filing fee of $250 is also required for administrative services. The complaint shall include the name and address of the seedsman, kind and variety of seed, acreage planted and a detailed account of the problem which the consumer is experiencing. The complaint must be accompanied by documentation from a recognized professional verifying that there is a connection between the seed and the performance or production problem.2. The Department shall send a copy of the complaint to the seedsman.3. The Seedsman shall file his/her reply within 15 days.4. The Department shall refer the complaint to the Seed Arbitration Council or an appointed arbitrator, for an investigation. If either party requests that the case be heard by an arbitrator, the party making the request shall pay the arbitrator's fees and expenses in advance of the hearing, failing which, the case shall be heard by the Council.5. The Seed Arbitration Council or the arbitrator shall conduct an investigation. The Council's inspectors or the arbitrator shall have the authority to enter the consumer's fields without advance notice to inspect the crop and take samples.6. The hearing is conducted with both parties presenting witnesses, evidence and material to support their case. The Council or arbitrator shall determine the admissibility and relevance of the evidence offered and may exclude evidence deemed to be cumulative or irrelevant. The Council or the arbitrator may require a party to produce any documents or material prior to, or at the hearing. Witnesses shall be called upon by each party and shall also submit to questions from the Council or arbitrator and the adverse party. The Council or the arbitrator shall have the power to require the exclusion of any witnesses, other than a party or their attorney, during the testimony of any other witnesses. In its discretion, the Council or the arbitrator may receive the testimony of a witness in the form of a written affidavit. No witness may testify until he/she has been placed under oath. The hearing shall be open to the public, but the deliberations of the Council concerning the merits of the case shall be closed to the public. Upon completion of the hearing, the Seed Arbitration Council shall make its written findings and recommendations to the Department. The Council or arbitrator has the discretion to vary this procedure, provided that the parties are treated with equality and each party has the right to be heard and is given a fair opportunity to present their case.7. The Department shall transmit the findings and recommendations of the Council or the arbitrator to the consumer and seedsman.8. The consumer and seedsman shall notify the Department of their acceptance or rejection of the recommended terms of settlement within 30 days. Complaints should be filed with:
Mississippi Department of Agriculture and Commerce Attention:
Director, Bureau of Plant Industry
P.O. Box 5207
Mississippi State, MS 39762
2 Miss. Code. R. 1-3-12-123.1
Miss. Code Ann. § 69-3-17.