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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