AGO 000008438.

Case Date:September 08, 1988
Court:Mississippi
 
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Mississippi Attorney General Opinions 1988. AGO 000008438. September 8, 1988DOCN 000008438 DOCK 1988-571 AUTH Joseph Runnels, Jr. DATE 19880908 RQNM Jim "Buck" Ross SUBJ Dept. Of Agriculture SBCD 4 TEXT Honorable Jim "Buck" Ross Commissioner Department of Agriculture and Commerce P. 0. Box 1609 Jackson, Mississippi 39215-1609Re: Attorney General's Opinion on Wholesale Seed DistributorsDear Commissioner Ross: Attorney General Mike Moore has received your letter of June 28, 1988 requesting an opinion as to what permits, if any, are required of wholesale seed distributors selling packet seeds of less than four ounces. Your request has been assigned to me for research and reply. Miss. Code 69-3-1(2) (b) provides: The term `wholesale distributor' shall be defined as a person, firm or corporation engaged in the selling of seed to a seedsman holding a permit as required by subsection (1) (c) of section 69-3-3. Miss. Code 69-3-3(1) (c) provides: For each seedsman engaged in selling seed at retail to the consumer, except vegetable seed dealers as defined above and packet seed agents, a permit fee of twenty- five dollars ($25.00) for each such place of business. This permit will qualify the seedsman to only sell seed to the consumer for sowing but not for resale. (emphasis added) Miss. Code 69-3-3(l) (a) provides: Each seedsman selling packet seed, in closed containers of less than four (4) ounces, through commission merchants or agents, shall furnish each agent with permit at fee of two dollars and fifty cents ($2.50) per agent. A separate permit shall be required for each location or place of business with rack display. The statutes clearly make an exception for persons, firms corporations involved in the wholesale distribution of packet seeds in closed containers of less than four (4) ounces...

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