2 Miss. Code. R. 1-3-12-124.4

Current through December 10, 2024
Section 2-1-3-12-124.4

There are three (3) types of violations set forth in these guidelines:

1. Germination Violations -
a. A violation of a seed product being legal for sale but not within tolerance of the labeled germination information shall incur an initial penalty of $150. For each additional violation involving a different lot of seed, the penalty shall increase $100 per violation. If a seedsman incurs a fifth violation during a consecutive three-year period, then a hearing shall be held to determine if a more severe penalty shall be assessed which may include the maximum civil penalty of $5,000 and/or the revocation of the seedsman's permit.
b. A violation of a seed product being illegal for sale because it does not meet the minimum germination requirements for sale in Mississippi as set forth by these regulations shall incur an initial penalty of $250. For each additional violation, the penalty shall be $250 plus an additional $100, with said additional penalties being cumulative. If a seedsman incurs a fifth violation during a consecutive three year period, then a more severe penalty may be assessed, which may include the maximum civil penalty of $5,000 and/ or the revocation of the seedsman's permit.
2. Purity and Growout Violations -
a. A violation of a seed product, being legal for sale but not within the established tolerance of the label or inconsistent with the labeling, shall incur an initial penalty of $250. For each additional violation involving a different lot of seed, the penalty shall increase $100 per violation. If a seedsman incurs a fifth violation during a consecutive three-year period, then a hearing shall be held to determine if a more severe penalty shall be assessed which may include the maximum civil penalty of $5,000 and/or the revocation of the seedsman's permit.
b. A violation of a seed product being illegal for sale because it does not meet the minimum requirements for sale in Mississippi shall incur an initial penalty of $400. For each additional violation, the penalty shall be $400 plus an additional $100, with said additional penalties being cumulative. If a seedsman incurs a fifth violation during a consecutive three-year period, then a more severe penalty may be assessed, which may include the maximum civil penalty of $5,000 and/or the revocation of the seedsman's permit.
3. Improper Labeling Violations - A violation of a seed product being sold but improperly labeled shall incur an initial penalty of $150. For each additional violation involving a different lot of seed, the penalty shall increase $50 per violation. If a seedsman incurs a fifth violation during a consecutive two-year period, then a hearing shall be held to determine if a more severe penalty shall be assessed which may include the maximum civil penalty of $5000 per violation and/ or the revocation of the seedsman's permit.

2 Miss. Code. R. 1-3-12-124.4

Miss. Code Ann. § 69-3-17.
Adopted 12/21/2020