69-21-109 - Powers and duties of department. - Mississippi Statutes

§ 69-21-109. Powers and duties of department.
 

(1)  The department may adopt any rules and regulations as may be necessary or desirable to implement the provisions of this article, to control and regulate the aerial application of agricultural substances in this state, and to restrict the use of any agricultural substances that create hazards to the health, safety and welfare of the citizens of Mississippi. The department shall establish by regulation professional standards for applicators and pilots in the interest of the safety, welfare and general well-being of the citizens of Mississippi and for the protection of the state's fish and wildlife, air, water and soil. No rule or regulation adopted under the terms of this article shall be effective unless it has first been submitted to and approved by the Advisory Board of the Bureau of Plant Industry, a division of the department, established in Section 69-25-3. 

(2)  The department is authorized to procure samples of agricultural substances before and after they are mixed for testing purposes. 

(3)  The department is authorized to maintain an office and employ necessary personnel within its budget to carry out the purposes of this article. 

(4)  It shall be the duty of the department and the department shall have the authority, to enforce this article and all rules and regulations made and adopted in compliance with this article. The department shall not have jurisdiction to determine liability between private parties. 

(5)  The department's representatives shall have the authority to enter into any premises where there is reason to believe that an agricultural substance is being or has been applied by a pilot or any applicator's office or place of operations or where he is preparing to apply any of the materials herein stated, for the purpose of enforcement of this article.  The department shall have authority to inspect all aircraft and equipment found on the premises, to take samples of any agricultural substances and to inspect and copy any records found on the premises. 

(6)  The department may cooperate with or enter into formal cooperative agreements with any public or private agency or educational institution of this state or any other state or federal agency for the purpose of carrying out the provisions of this article. 
 

Sources: Codes, 1942, § 5011-05; Laws,  1966, ch. 239, § 5; Laws, 1972, ch. 369, § 10; Laws, 1980, ch. 482, § 4; reenacted, 1983, ch. 304, § 5; reenacted, 1991, ch. 391, § 5; Laws, 1991, ch. 530, § 12; Laws,  1992, ch. 496, § 35; reenacted without change, 1996, ch. 447, § 5; reenacted without change, 1997, ch. 468, § 5; Laws, 2002, ch. 301, § 5; reenacted without change, Laws, 2004, ch. 514, § 5; reenacted without change, Laws, 2006, ch. 494, § 5; reenacted, Laws, 2009, ch. 515, § 4, eff from and after passage (approved Apr. 8, 2009.)