Aquatic Products Marketing Association

Miss. Code Ann. tit. 79, ch. 21

in effect

Miss. Code Ann. § 79-21-1 Title.

This chapter shall be known and cited as the “Co-operative Aquatic Products Marketing Law.”

Miss. Code Ann. § 79-21-3 Declaration of policy.

In order to promote, foster and encourage the intelligent and orderly marketing of aquatic products through co-operation and to eliminate speculation and waste; and to make the distribution of aquatic products as direct as can be efficiently done between producer and consumer; and to stabilize the marketing of aquatic products; and to promote, foster and encourage the aquatic products industry in this state, this chapter is passed.

Miss. Code Ann. § 79-21-5 Definitions.

As used in this chapter: The term “member” shall include actual members of associations without capital stock and holders of common stock in associations organized with capital stock. The term “person” shall include individuals, firms, partnerships, corporations and associations. The term “association” means any association organized under the terms of this chapter. The term “aquatic product” shall include all commercial products of aquatic life normally found in, or associated with, the fresh waters of the State of Mississippi, or the United States. It shall specifically include, but is not limited to, domesticated fish, fish of all species, and their byproducts, normally found in fresh water. The term “commercial fishing” shall include all persons engaged totally or part-time in the business of catching or otherwise taking aquatic products from the fresh waters of the State of Mississippi, or the United States, for commercial purposes. The term “domestic fish farming” shall include all persons engaged in the growing, managing, harvesting and/or marketing of domesticated fish as a cultivated crop in privately owned waters. The term “domesticated fish” shall be understood to mean any fish that are spawned and grown, managed, harvested and marketed on an annual, semiannual, biennial, or short-term basis in privately owned waters. The term “producer” shall mean any person engaged totally, or part-time, in the business of commercial fishing or domestic fish farming for the commercial purpose of providing aquatic products to consumers.

Miss. Code Ann. § 79-21-7 A supplementary law.

This chapter shall not be construed to permit the catching or sale of any fish or other aquatic product which is otherwise prohibited by law from being caught or sold, but shall be supplementary thereto. This chapter is supplementary of and not amendatory or in alteration of any other laws for the accomplishment of any of the purposes herein set forth, and shall apply only to organizations created and operating hereunder. However, associations organized hereunder shall be deemed nonprofit, inasmuch as they are not organized to make profits for themselves, as such, or for their members, as such, but only for their members as producers.

Miss. Code Ann. § 79-21-9 Who may organize.

Ten (10) or more persons who are residents of the State of Mississippi and engaged in the business of commercial fishing or domestic fish farming may form a nonprofit, cooperative association, with or without capital stock, under the provisions of this chapter.

Miss. Code Ann. § 79-21-11 Purposes.

An association may be organized to engage in any activity in connection with the catching, growing, breeding, handling, shipping, or utilization, or moving or marketing of the byproducts thereof of aquatic products of every description, and with the marketing or selling of aquatic products of its members, or with the catching, harvesting, preserving, drying, processing, manufacturing, canning, packing, grading, storing, handling, shipping, or utilization thereof, or the manufacturing or marketing of the byproducts thereof; or in connection with the manufacturing, selling, or supplying to its members of machinery, equipment, or supplies; or in the financing of the above-enumerated activities; or in any one or more of the activities specified herein.

Miss. Code Ann. § 79-21-13 Powers.

Each and every association organized hereunder shall have the following powers: To engage in any activity in connection with the catching, growing, breeding, handling, shipping, or utilization, or moving or marketing of the byproducts thereof of aquatic products of every description, and with the marketing or selling of aquatic products of its members, or with the catching, harvesting, preserving, drying, processing, manufacturing, canning, packing, grading, storing, handling, shipping, or utilization of any aquatic product produced or delivered to it by its members; or the manufacturing or marketing of the byproducts thereof; or in connection with the purchase, hiring, or use by its members of supplies, machinery, or equipment; or in the financing of any such activities; or in any one or more of the activities specified in this section. No association shall handle the aquatic products of any nonmember except as necessary and incidental to the handling of the aquatic products of members, and in any such case the value of aquatic products of nonmembers so handled shall not exceed the value of the aquatic products handled by the association for its members. To borrow money and to make advances to members. To act as the agent or representative of any member or members in any of the above-mentioned activities. To establish reserves and to invest the funds thereof in bonds or such other property as may be provided in the bylaws. However, if the association shall decide to invest any of said funds in bonds, then, in such event, at least fifty percent (50%) of such bond investment must be in bonds issued by the State of Mississippi or one or more of its counties, districts, municipalities, or subdivisions. To purchase or otherwise acquire, and to hold, own, and exercise all rights of ownership in, and to sell, transfer, or pledge, or guarantee the payment of dividends or interest on, or the retirement or redemption of shares of the capital stock or bonds of any corporation or association engaged in any related activity, or in the warehousing or handling or marketing of any of the aquatic products handled by the association. To buy, hold, and exercise all privileges of ownership over such real or personal property as may be necessary or convenient for the conducting and operation of any of the business of the association, or incidental thereto. Obtain possession of personal property to the immediate possession of which they may be entitled by the action of replevin. To sue and be sued, and to prosecute and be prosecuted to judgment and suit before any court; and to contract and be contracted with in all matters. To do each and everything necessary, suitable, or proper for the accomplishment of any one (1) of the purposes or the attainment of any one or more of the objects herein enumerated, or conducive to or expedient for the interest or benefit of the association or its members; and in addition to exercise and possess all powers, rights, and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and to do any such thing anywhere.

Miss. Code Ann. § 79-21-15 Members.

Under the terms and conditions prescribed in its bylaws, an association may admit as members, or issue common stock or certificate of membership, only to persons engaged in commercial fishing or domestic fish farming who catch, take, grow, or otherwise obtain aquatic products to be handled by or through the association. Certificate of membership and common stock shall not be transferable, and no person shall acquire the same by operation of law or otherwise, except as provided herein. If a member of a nonstock association be other than a natural person, such member may be represented by any individual, associate, officer, manager, or member thereof, duly authorized in writing. All members engaged in commercial fishing shall be required to have receipts evidencing that they have paid in full all licensing requirements of the State of Mississippi with regard to their fishing operation, including licenses and fees required with regard to their equipment. A failure to pay for such licenses or fees, when required by statute, shall result in the automatic suspension of such member from the association until such licenses or fees are paid in full. No member of any association organized under the terms of this chapter shall have more than one (1) vote, regardless of the amount of stock or membership capital he may own therein. Except for debts lawfully contracted between him and the association, no member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his membership fee. The first meeting of persons at interest, unless otherwise provided for, may be called by notice published in some convenient newspaper at least five (5) days before the time appointed for the meeting, which notice shall be signed by one or more persons named in the articles of association; and the meeting when assembled may proceed to organize the association.

Miss. Code Ann. § 79-21-17 Articles of association.

Each association formed under this chapter must prepare and file articles of association setting forth: The name of the association. The purposes for which it is formed. The place where its principal business will be transacted. The term for which it is to exist, not exceeding ninety-nine (99) years. The number of directors thereof, which must not be less than five (5) and may be any number in excess thereof, and the term of office of such directors. If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal; and if unequal, the articles shall set forth the general rule or rules applicable to all members by which property rights and interests, respectively, of each member may and shall be determined and fixed; and provision for the admission of new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules. This paragraph of the articles of association shall not be altered, amended, or repealed except by the written consent of the vote of three-fourths (3/4) of the members. If organized with capital stock, the amount of such stock and the number of shares into which it is divided and the par value thereof. The capital stock may be divided into preferred and common stock. If so divided the articles of association must contain a statement of the number of shares of stock to which no preference is granted and the nature and definite extent of the preference and privileges granted to each. The articles must be subscribed by the incorporators and acknowledged by one (1) of them before an officer authorized by the laws of this state to take and certify acknowledgments; and shall be filed and recorded in the office of the secretary of state.

Miss. Code Ann. § 79-21-19 General cooperative marketing association laws apply.

The general co-operative marketing association laws of this state shall apply to all associations organized pursuant to this chapter. Subject to the foregoing provisions of this chapter, all associations organized pursuant to this chapter shall enjoy all of the rights and privileges of such general co-operative marketing association laws, and shall also be subject to their requirements, liabilities and penalties. To such extent the provisions of Chapter 19, Title 79, Mississippi Code of 1972, shall be construed to include associations organized under the provisions of this chapter. However, associations organized under the provisions of this chapter shall be limited to the marketing and distribution of aquatic products and their byproducts, as provided herein; and the general co-operative marketing association laws of this state shall not be construed so as to authorize associations organized under the provisions of this chapter to market or distribute to consumers products other than aquatic products and their byproducts, as provided herein.

Miss. Code Ann. § 79-21-21 Repealed.

Repealed by Laws of 1990, ch. 345, § 1, eff from and after passage (approved March 12, 1990). [Codes, 1942, § 4535-11; Laws, 1968, ch. 270, § 11]

Miss. Code Ann. § 79-21-51 Declaration of policy.

In order to promote, foster and encourage the intelligent and orderly marketing of aquatic products through cooperation and to eliminate speculation and waste; to make the distribution of aquatic products as direct as can be efficiently done between producer and consumer; to stabilize the marketing of aquatic products; and to promote, foster and encourage the aquatic products industry in this state, Sections 79-21-51 through 79-21-67 are passed.

Miss. Code Ann. § 79-21-53 Definitions.

As used in Sections 79-21-51 through 79-21-67, Mississippi Code of 1972: The term “member” shall include actual members of associations without capital stock and holders of common stock in associations organized with capital stock. The term “person” shall include individuals, firms, partnerships, corporations and associations. The term “association” means any association organized under the terms of Sections 79-21-51 through 79-21-67, Mississippi Code of 1972. The term “aquatic product” shall include all commercial products of aquatic life normally found in, or associated with, the salt waters of the State of Mississippi or the United States. It shall specifically include, but is not limited to, shellfish, domesticated fish, fish of all species, and their by-products, normally found in salt water. The term “commercial fishing” shall include all persons engaged totally or part-time in the business of catching freezing, marketing, processing, transporting, wholesaling or otherwise involved in the utilization of aquatic products from the salt waters of the State of Mississippi or the United States for commercial purposes. The term “domestic fish farming” shall include all persons engaged in the growing, managing, harvesting and/or marketing of domesticated fish or shellfish as a cultivated crop in privately owned or leased waters or submerged lands. The term “domesticated fish” means any fish or shellfish that are spawned and grown, managed, harvested and marketed on an annual, semiannual, biennial, or short-term basis in privately owned or leased waters or submerged lands. The term “producer” means any person engaged totally, or part-time, in the business of commercial fishing or domestic fish farming for the commercial purpose of providing aquatic products to consumers.

Miss. Code Ann. § 79-21-55 Construction of Sections 79-21-51 through 79-21-67 .

Sections 79-21-51 through 79-21-67 shall not be construed to permit the catching or sale of any fish or other aquatic product which is otherwise prohibited by law from being caught or sold, but shall be supplementary thereto. These sections are supplementary of and not amendatory or in alteration of any other laws for the accomplishment of any of the purposes herein set forth, and shall apply only to organizations created and operating hereunder. However, associations organized hereunder shall be deemed nonprofit, inasmuch as they are not organized to make profits for themselves, as such, or for their members, as such, but only for their members as producers.

Miss. Code Ann. § 79-21-57 Who may organize.

Miss. Code Ann. § 79-21-59 Purposes.

Miss. Code Ann. § 79-21-61 Powers.

Each and every association organized hereunder shall have the following powers: To engage in any activity in connection with the catching, growing, breeding, handling, shipping, or utilization, or moving or marketing of the byproducts thereof of aquatic products of every description, and with the marketing or selling of aquatic products of its members, or with the catching, harvesting, preserving, drying, processing, manufacturing, canning, packing, grading, storing, handling, shipping, or utilization of any aquatic product produced or delivered to it by its members; or the manufacturing or marketing of the byproducts thereof; or in connection with the purchase, hiring, or use by its members of supplies, machinery or equipment; or in the financing of any such activities; or in any one or more of the activities specified in this section. No association shall handle the aquatic products of any nonmember except as necessary and incidental to the handling of the aquatic products of members, and in any such case the value of aquatic products of nonmembers so handled shall not exceed the value of the aquatic products handled by the association for its members. To borrow money and to make advances to members. To act as the agent or representative of any member or members in any of the above-mentioned activities. To establish reserves and to invest the funds thereof in bonds or such other property as may be provided in the bylaws. However, if the association shall decide to invest any of said funds in bonds, then, in such event, at least fifty percent (50%) of such bond investment must be in bonds issued by the State of Mississippi or one or more of its counties, districts, municipalities or subdivisions. To purchase or otherwise acquire, and to hold, own and exercise all rights of ownership in and to sell, transfer or pledge or guarantee the payment of dividends or interest on, or the retirement or redemption of shares of the capital stock or bonds of any corporation or association engaged in any related activity, or in the warehousing or handling or marketing of any of the aquatic products handled by the association. To buy, hold and exercise all privileges of ownership over such real or personal property as may be necessary or convenient for the conducting and operation of any of the business of the association or incidental thereto. Obtain possession of personal property to the immediate possession of which they may be entitled by the action of replevin. To sue and be sued, and to prosecute and be prosecuted to judgment and suit before any court; and to contract and be contracted with in all matters. To do each and everything necessary, suitable or proper for the accomplishment of any one (1) of the purposes or the attainment of any one or more of the objects herein enumerated or conducive to or expedient for the interest or benefit of the association or its members; and in addition to exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and to do any such thing anywhere.

Miss. Code Ann. § 79-21-63 Members.

Under the terms and conditions prescribed in its bylaws, an association may admit as members, or issue common stock or certificate of membership, only to persons engaged in commercial fishing or domestic fish farming who catch, take, grow or otherwise obtain aquatic products to be handled by or through the association. Certificate of membership and common stock shall not be transferable and no person shall acquire the same by operation of law or otherwise, except as provided herein. If a member of a nonstock association be other than a natural person, such member may be represented by an individual, associate, officer, manager or member thereof, duly authorized in writing. All members engaged in commercial fishing shall be required to have receipts evidencing that they have paid in full all licensing requirements of the State of Mississippi with regard to their fishing operation, including licenses and fees required with regard to their equipment. A failure to pay for such licenses or fees, when required by statute, shall result in the automatic suspension of such member from the association until such licenses or fees are paid in full. No member of any association organized under the terms of Sections 79-21-51 through 79-21-67 shall have more than one (1) vote, regardless of the amount of stock or membership capital he may own therein. Except for debts lawfully contracted between him and the association, no member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his membership fee. The first meeting of persons at interest, unless otherwise provided for, may be called by notice published in some convenient newspaper at least five (5) days before the time appointed for the meeting, which notice shall be signed by one or more persons named in the articles of association; and the meeting when assembled may proceed to organize the association.

Miss. Code Ann. § 79-21-65 Articles of association.

Each association formed under Sections 79-21-51 through 79-21-67 must prepare and file articles of association setting forth: The name of the association. The purposes for which it is formed. The place where its principal business will be transacted. The term for which it is to exist, not exceeding ninety-nine (99) years. The number of directors thereof, which must not be less than five (5) and may be any number in excess thereof, and the term of office of such directors. If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal; and if unequal, the articles shall set forth the general rule or rules applicable to all members by which property rights and interests, respectively, of each member may and shall be determined and fixed; and provision for the admission of new members who shall be entitled to share in the property of the association with the old members in accordance with such general rule or rules. This paragraph of the articles of association shall not be altered, amended or repealed except by the written consent of the vote of three-fourths (3/4) of the members. If organized with capital stock, the amount of such stock and the number of shares into which it is divided and the par value thereof. The capital stock may be divided into preferred and common stock. If so divided, the articles of association must contain a statement of the number of shares of stock to which no preference is granted and the nature and definite extent of the preference and privileges granted to each. The articles must be subscribed by the incorporators and acknowledged by one (1) of them before an officer authorized by the laws of this state to take and certify acknowledgements; and shall be filed and recorded in the office of the secretary of state.

Miss. Code Ann. § 79-21-67 General cooperative marketing association laws apply.

The general cooperative marketing association laws of this state shall apply to all associations organized pursuant to Section 79-21-51 through 79-21-67. Subject to the foregoing provisions of Sections 79-21-51 through 79-21-67, all associations organized pursuant to these sections shall enjoy all of the rights and privileges of such general cooperative marketing association laws, and shall also be subject to their requirements, liabilities and penalties. To such extent the provisions of Chapter 19, Title 79, shall be construed to include associations organized under the provisions of Sections 79-21-51 through 79-21-67. However, associations organized under the provisions of Sections 79-21-51 through 79-21-67 shall be limited to the marketing and distribution of aquatic products and their byproducts, as provided herein; and the general cooperative marketing association laws of this state shall not be construed so as to authorize associations organized under the provisions of Sections 79-21-51 through 79-21-67 to market or distribute to consumers products other than aquatic products and their byproducts, as provided herein.

Source: Public.Resource.Org MS CodeURL: https://unicourt.github.io/cic-code-ms/transforms/ms/ocms/r78/gov.ms.code.title.79.htmlFetched: 10/18/2026