Skip to content
The COVID Project
  1. Library
  2. Standing duties: Mississippi
  3. DUT-MS-001

Ex. DUT-MS-001 Standing duty Primary source read

Miss. Code Ann. § 41-3-15(4)(a)-(c), (4)(f), (12)

State Department of Health; State Board of Health; powers and duties (sanitary and quarantine measures; conditions of employment; food establishments; detainment for violation of State Health Officer orders)

Legislature of Mississippi (Mississippi Code of 1972, Title 41, ch. 3); State Board of Health and State Department of Health as the duty-holders · Mississippi (State)

The COVID Project

The record

Jurisdiction
Mississippi
Level
State
Authority
Miss. Code Ann. § 41-3-15 (State Department of Health; State Board of Health powers and duties), as reenacted and amended by House Bill 160, 2021 Regular Session (approved Mar. 25, 2021; effective on passage)
Issued
2021-03-25 Mar. 25, 2021
Effective
standing (read as 2021-03-25)
End
standing (read as 2021-09-30)
In force
Standing since Mar. 25, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureWorkplace rulesQuarantine and isolationStanding duty
Addressees
  • persons generally; employers (conditions of employment); owners or persons in control of premises and food establishments; the State Board of Health and State Department of Health as the authorities bound to act
Character
statutory authority
Collection
Standing duties: Mississippi DUT-MS

Operative words

(c) To direct and control sanitary and quarantine measures for dealing with all diseases within the state possible to suppress same and prevent their spread.... The State Department of Health is authorized and empowered, to require the temporary detainment of individuals for disease control purposes based upon violation of any order of the State Health Officer, as provided in Section 41-23-5.

Penalty

Temporary detainment and arrest for violating a State Health Officer order (§ 41-3-15(12)); felony under § 41-23-2 for an afflicted person's knowing and willful violation (Ex. DUT-MS-008); permit suspension for food establishments (§ 41-3-15(4)(f))

What it required

The Board directs and controls sanitary and quarantine measures for every disease in the State, investigates 'conditions of employment and other conditions that may affect health' (§ 41-3-15(4)(a)), investigates 'nuisance questions that affect the security of life and health' (4)(b), permits and 'exercise[s] control over' every cafe, restaurant and food or drink establishment (4)(f), and the Department detains persons who violate a State Health Officer order, its investigators 'shall have general arrest powers' and 'All law enforcement officers are authorized and directed to assist in the enforcement of such orders of the State Health Officer' (12). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

88 pages; the enrolled bill 'As Sent to Governor' reenacts §§ 41-3-1.1, 41-3-3, 41-3-4, 41-3-5.1, 41-3-6, 41-3-15, 41-3-16, 41-3-17, 41-3-18 and 41-3-19 in full and extends their repealers; the Legislature's Report of All Measures records '03/25 Approved by Governor'. The same § 41-3-15 text appears in S.B. 2311 (2020) (Ex. DUT-MS-003), so the quoted powers stood unchanged from before March 2020 through September 2021.