Dept. of Ag and Commerce; authorize to issue subpoenas and apply to circuit courts for administrative inspections and search warrants.

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To: Agriculture; Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Pigott, Carpenter, Keen,
Mangold, Mattox

HOUSE BILL NO. 1071

AN ACT TO CREATE NEW SECTION 69-1-401, MISSISSIPPI CODE OF 1
1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO 2
ISSUE ADMINISTRATIVE SUBPOENAS FOR PROCEEDINGS BEFORE THE 3
DEPARTMENT; TO PERMIT THE COMMISSIONER AND ANY DESIGNATED AGENT TO 4
ADMINISTER OATHS AND AFFIRMATIONS, EXAMINE WITNESSES AND RECEIVE 5
EVIDENCE; TO CREATE NEW SECTION 69-25-36, MISSISSIPPI CODE OF 6
1972, TO AUTHORIZE THE BUREAU OF PLANT INDUSTRY WITHIN THE 7
REGULATORY OFFICE OF THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND 8
COMMERCE TO APPLY TO CIRCUIT COURTS FOR ADMINISTRATIVE INSPECTION 9
AND SEARCH WARRANTS FOR PREMISES OF ENTITIES OR INDIVIDUALS THAT 10
ARE LICENSED OR REGULATED BY THE BUREAU, WHICH HAS DENIED ACCESS 11
TO THE DEPARTMENT; TO PRESCRIBE THE CIRCUMSTANCES BY WHICH THE 12
BUREAU MAY FACILITATE THE ISSUANCE AND EXECUTION OF ADMINISTRATIVE 13
INSPECTION AND SEARCH WARRANTS; AND FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. The following shall be codified as Section 16
69-1-401, Mississippi Code of 1972: 17
69-1-401. (1) The Commissioner of Agriculture and Commerce 18
shall have the power to issue subpoenas and subpoena duces tecum 19
to compel the attendance of witnesses and the production of 20
documents, papers, books, records and other evidence in a hearing 21
or proceeding before him in any matter over which he has 22
jurisdiction. 23
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(2) The commissioner or any agent designated by him or her, 24
may administer oaths and affirmations, examine witnesses and 25
receive evidence. The attendance of witnesses and the production 26
of evidence may be required from any place in the state at any 27
designated place of hearing. 28
(3) (a) If a person is served with a subpoena to give 29
testimony, or to produce evidence as required thereby, and refuses 30
to do so, a circuit court judge in the county in which the hearing 31
or proceeding is to occur shall, upon application and proof of 32
such refusal, make an order awarding process of subpoena or 33
subpoena duces tecum, for the witness to appear before the 34
commissioner and to give testimony, and to produce evidence as 35
required thereby. Upon filing the order in the office of the 36
clerk of the court, the clerk shall issue process of subpoena, as 37
directed, under the seal of the court, requiring the person to 38
whom it is directed, to appear at the time and place therein 39
designated. 40
(b) If any person served with any subpoena issued by 41
the circuit court shall refuse to obey the same, or to give 42
testimony, or to produce evidence as required thereby, the 43
commissioner may apply to the circuit court for an order of 44
contempt. 45
SECTION 2. The following shall be codified as Section 46
69-25-36, Mississippi Code of 1972: 47
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69-25-36. (1) If the Bureau of Plant Industry within the 48
Regulatory Office of the Mississippi Department of Agriculture and 49
Commerce is denied access to records or authority to inspect the 50
premises of entities or individuals which the Bureau of Plant 51
Industry licenses or regulates and for which it has statutory 52
authority to inspect and access said premises and documents, the 53
department may apply to the circuit court of the county in which 54
the premises and documents are located for an administrative 55
inspection and search warrant. 56
(2) Issuance and execution of administrative inspection and 57
search warrants for the bureau shall be as follows: 58
(a) A circuit court judge, upon proper oath or 59
affirmation showing probable cause, may issue warrants for the 60
purpose of conducting administrative inspections for matters set 61
forth in subsection (1) of this section, and seizures of property 62
appropriate to the inspections. For purposes of the issuance of 63
administrative inspection warrants, probable cause exists upon 64
showing a valid public interest in the effective enforcement of 65
this article or rules thereunder, sufficient to justify 66
administrative inspection of the area, premises, building or 67
conveyance in the circumstances specified in the application for 68
the warrant. All such warrants shall be served during normal 69
business hours; 70
(b) A search warrant shall be issued only upon an 71
affidavit of a person having knowledge or information of the facts 72
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alleged, sworn to before the circuit court judge and establishing 73
the grounds for issuing the warrant. If the judge is satisfied 74
that grounds for the application exist or that there is probable 75
cause to believe they exist, he or she shall issue a warrant 76
identifying the area, premises, building or conveyance to be 77
searched, the purpose of the search, and, if appropriate, the type 78
of property to be searched, if any. The warrant shall: 79
(i) State the grounds for its issuance and the 80
name of each person whose affidavit has been taken in support 81
thereof; 82
(ii) Be directed to a department employee to serve 83
and execute; 84
(iii) Command the person to whom it is directed to 85
inspect the area, premises, building or conveyance identified for 86
the purpose specified, and if appropriate, direct the seizure of 87
the property specified; 88
(iv) Identify the item or types of property to be 89
seized, if any; and 90
(v) Direct that it be served and designate the 91
judge or magistrate to whom it shall be returned; 92
(c) A warrant issued pursuant to this section must be 93
executed and returned within ten (10) days of its date unless, 94
upon a showing of a need for additional time, the court orders 95
otherwise. If property is seized pursuant to a warrant, a copy 96
shall be given to the person from whom or from whose premises the 97
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property is taken, together with a receipt for the property taken. 98
The return of the warrant shall be made promptly, accompanied by a 99
written inventory of any property taken. The inventory shall be 100
made in the presence of the person executing the warrant and of 101
the person from whose possession or premises the property was 102
taken, if present, or in the presence of at least one (1) credible 103
person other than the person executing the warrant. A copy of the 104
inventory shall be delivered to the person from whom or from whose 105
premises the property was taken and to the applicant for the 106
warrant; and 107
(d) The judge who has issued a warrant shall attach 108
thereto a copy of the return and all papers returnable in 109
connection therewith and file them with the clerk of the court for 110
the judicial district in which the inspection was made. 111
(3) When authorized by an administrative inspection warrant 112
issued in accordance with the conditions imposed in this section, 113
an officer or employee designated by the department, upon 114
presenting the warrant and appropriate credentials to the owner, 115
operator or agent in charge, may enter the premises for the 116
purpose of conducting an administrative inspection related to an 117
investigation, proceeding or hearing of the department. 118
(4) When authorized by an administrative inspection warrant, 119
an officer or employee designated by the department may: 120
(a) Seize, inspect and copy records required by this 121
article to be kept; 122
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(b) Inspect, within reasonable limits and in a 123
reasonable manner, controlled premises and all pertinent 124
equipment, finished and unfinished material, containers and 125
labeling found therein, and, except as provided in subsection (5) 126
of this section, all other things therein, including records, 127
files, papers, processes, controls and facilities bearing on 128
violation of this article; and 129
(c) Seize or prepare an inventory of any stock of any 130
regulated substances or items therein and obtain samples thereof. 131
(5) This section does not prevent the inspection without a 132
warrant of books and records pursuant to an administrative 133
subpoena under the authority of Section 69-1-401, nor does it 134
prevent entries and administrative inspections, including seizures 135
of property, without a warrant: 136
(a) If the owner, operator or agent in charge of the 137
controlled premises consents; 138
(b) In situations presenting imminent danger to health 139
or safety; 140
(c) In situations involving inspection of conveyances 141
if there is reasonable cause to believe that the mobility of the 142
conveyance makes it impracticable to obtain a warrant; 143
(d) In any other exceptional or emergency circumstance 144
where time or opportunity to apply for a warrant is lacking; or 145
(e) In all other situations in which a warrant is not 146
constitutionally required. 147
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ST: Dept. of Ag and Commerce; authorize to
issue subpoenas and apply to circuit courts for
administrative inspections and search warrants.
(6) Any officer acting under such warrant shall, as soon as 148
practical, after entering the premises, identify himself and give 149
the reasons and authority for his entrance upon the premises. 150
SECTION 3. This act shall take effect and be in force from 151
and after July 1, 2026. 152