MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Ways and Means

By: Representative Holland

House Bill 1376

AN ACT TO REQUIRE RETAILERS OF ALCOHOLIC BEVERAGES, BEER AND LIGHT WINES TO DISPLAY SIGNS ON THE PREMISES WHERE THE ALCOHOLIC BEVERAGES ARE SOLD THAT INFORM THE PUBLIC THAT DRINKING ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS; TO PROVIDE A PENALTY FOR FAILURE TO DISPLAY SUCH SIGNS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Each holder of a package retailer's permit, on-premises retailer's permit or native wine retailer's permit shall display on the premises where the permittee sells alcoholic beverages at least one (1) sign that reads substantially as follows:  "WARNING! DRINKING WINE, BEER OR OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS."  The sign or signs shall be at least eighteen (18) inches long and eighteen (18) inches high with lettering not less than one (1) inch in height, and one (1) sign must be easily visible from the location in the premises where the consumer purchases or otherwise receives the alcoholic beverages.

     Any person who fails to comply with the requirements of this section shall be subject to a fine of Twenty-five Dollars ($25.00) if convicted and upon conviction be guilty of a misdemeanor.  However, if a person remedies such noncompliance by the time of the person's scheduled court appearance, all charges shall be dismissed against such person.

     SECTION 2.  Each holder of a permit or privilege license to engage in the business of a retailer of beer or light wines shall display on the premises where the permittee or licensee sells beer or light wines at least one (1) sign that reads substantially as follows:  "WARNING! DRINKING WINE, BEER OR OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS."  The sign or signs shall be at least eighteen (18) inches long and eighteen (18) inches high with lettering not less than one (1) inch in height, and one (1) sign must be easily visible from the location in the premises where the consumer purchases or otherwise receives the beer or light wines.

     Any person who fails to comply with the requirements of this section shall be subject to a fine of Twenty-five Dollars ($25.00) if convicted and upon conviction be guilty of a misdemeanor.  However, if a person remedies such noncompliance by the time of the person's scheduled court appearance, all charges shall be dismissed against such person.

     SECTION 3.  Section 1 shall be codified as a new section in Chapter 1 of Title 67, Mississippi Code of 1972.  Section 2 shall be codified as a new section in Chapter 3 of Title 67, Mississippi Code of 1972.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2005.