Slay v. Spell

828 So. 2d 1257, 2001 Miss. App. LEXIS 397, 2001 WL 1187130
CourtCourt of Appeals of Mississippi
DecidedOctober 9, 2001
DocketNo. 1999-CC-01078-COA
StatusPublished

This text of 828 So. 2d 1257 (Slay v. Spell) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Slay v. Spell, 828 So. 2d 1257, 2001 Miss. App. LEXIS 397, 2001 WL 1187130 (Mich. Ct. App. 2001).

Opinions

SOUTHWICK, P.J.,

for the court:

¶ 1. John Slay was found in violation of six meat inspection laws and regulations by a hearing officer of the Department of Agriculture and Commerce. After an appeal to circuit court, the judgment was affirmed. In his subsequent appeal to this Court, Slay alleges that the evidence was insufficient, that various participants in the administrative proceedings had conflicts of interests, that certain testimony was the product of improper inducements, and that several witnesses whom he wished to call were not made available. We find that two of the violations were not proven. We reverse and remand for reassessment of the appropriate penalty.

FACTS

¶ 2. Slay owns and operates Slay’s Processing Plant, a slaughter house operating under a license issued by the Mississippi Department of Agriculture and Commerce. In February of 1998, George Sellers, who owned a local grocery store, asked Slay to butcher two calves. One calf was to be sold in Sellers’ store and the other was for Sellers’ personal use. Slay contacted Albert Creel, an inspector for the Department, and asked that he come to the plant to inspect the calves. There was evidence at the later hearing that Creel was not the proper inspector for Slay’s facility.

¶ 3. Slay had the first calf butchered and quartered before Creel arrived. Creel later inspected the carcass and stamped it as inspected. The second calf, which was fbr Sellers’s personal use, was butchered and quartered the next day without an inspection. Slay then attempted to deliver the beef to the Sellers’ grocery. Jim Meadows, the Assistant Director of the Meat Inspection Division of the Department, arrived at the store as the delivery was being made. Meadows found three quarters of the non-inspected calf in the store and found the rest in Slay’s transportation cooler. All of the meat was retained by Meadows for investigative reasons. Creel first stated that he had not inspected the calves, but later explained that he had inspected and stamped one calf after it had been butchered.

¶ 4. As a result of the investigation, the Department served a complaint against Slay charging him with six violations of the meat inspection law of Mississippi. A hearing officer found that Slay had slaughtered the calves without a license, slaughtered a calf without receiving a prior (ante-mortem) inspection, transported a beef carcass without the inspection, represented that the calf was properly inspected, transported adulterated beef, and failed to stamp the other carcass “not for sale” as required in a custom slaughter. In the first level appeal, the Circuit Court of Clarke County affirmed. Slay’s subsequent appeal to the Supreme Court has been deflected here.

[1261]*1261DISCUSSION

1. Six Violations of Meat Inspection Laws

¶ 5. We are reviewing a decision of an administrative agency. It will be upheld unless it is not supported by substantial evidence, was arbitrary or capricious, was beyond the power of the agency, or violated a statutory or constitutional right. Mississippi Comm’n on Envtl. Quality v. Chickasaw County Bd. of Supervisors, 621 So.2d 1211, 1215 (Miss.1993). This Court cannot reweigh the facts of the case. Mississippi State Bd. of Public Accountancy v. Gray, 674 So.2d 1251, 1253 (Miss.1996). With this standard in mind, we examine each violation that was found.

a. Slaughter of beef calves without a license.

¶ 6. The hearing officer found that Slay’s license did not permit him to slaughter beef calves. Slay disagrees. The license states that Slay may “engage in the processing of Meat and Meat-Food products under the Laws and Regulations of the State of Mississippi.” No restrictions appear on the license itself. What this license permits has been disputed throughout these proceedings.

¶ 7. Any establishment that slaughters animals must apply for a license from the state Department of Agriculture and Commerce. Miss.Code Ann. § 75-33-7(1) (Rev.2000). Under Department regulations, no establishment can be “used for any other purpose than that for which it is specifically approved.” Miss. Meat Inspection Regs., Sec. 11(B) (July 1997). No statute nor regulation shown to us nor that we have discovered states that what must be “specifically approved” is the precise kinds of animals that may be slaughtered, nor have we found a formal statement of how approval of any particular activity is signified. In fact, neither statute nor regulation explicitly addresses whether a license may or must be limited to the slaughter of specific kinds of animals. Yet the Department argues that such restrictions are permissible and enforceable, are understood by the license holder, and are revealed by the original application for a license and each annual renewal request. We review the licensing procedure and the documents in the record regarding each step.

¶ 8. The licensing scheme was part of the Meat, Meat-Food and Poultry Regulation and Inspection Law of 1960. Miss. Code Ann. § 75-33-1 to -39. (Rev.2000). Animals covered by the licensing statute include cattle, sheep, goats, exotic animals, swine, horses, mules and rabbits. Miss. Code Ann. § 75-33-3(l)(b) (Rev.2000). Slay’s father applied for the initial license in 1960 and indicated on the application that he had already been in business twenty year’s. The 1960 application form required that he “describe completely and concisely the business carried on.” Slay’s father indicated in the blank that he processed hogs in the winter months and sold wholesale.

¶ 9. The license must be renewed annually. Miss.Code Ann. § 75-33-7(1) (Rev. 2000). The license form issued each year contains blanks that are filled in with the name, county and city of the establishment. Also shown are the dates of issuance and expiration of the license. Nothing on the face of the license indicates any limits on what animals may be processed at the establishment.

¶ 10. Slay’s renewal application for the time in question is included in the record. On one sheet of paper, the Department notified Slay of the need to renew his license, then required that he sign and return a certificate indicating any changes [1262]*1262that had occurred in the operation of the facilities since the date of the original license application. No changes were noted on the renewal certificate dated in June 1997. Even if in a pre-1997 renewal application Slay had indicated some change to the operations as they existed in 1960, this renewal certificate would seem to require that all changes since 1960 continue to be noted.

¶ 11. The Department argues that the license, general in language, was limited to what was shown on the form application as Slay’s then-current operations, together with any changes shown on a renewal application. The application form does not indicate that the current activities are the extent of what the applicant wishes covered by a license.

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674 So. 2d 1251 (Mississippi Supreme Court, 1996)
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Bluebook (online)
828 So. 2d 1257, 2001 Miss. App. LEXIS 397, 2001 WL 1187130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slay-v-spell-missctapp-2001.