Senate Bill 2007

(As Passed the Senate)

AN ACT TO AMEND SECTIONS 75-29-601 AND 75-29-603, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF COMMERCIAL HONEY FOR PURPOSES OF LABELING REQUIREMENTS ENFORCED BY THE MISSISSIPPI DEPARTMENT OF AGRICULTURE, TO PROVIDE THAT THE LABEL OF ANY PRODUCT CONSISTING OF HONEY AND SWEETENER SHALL INCLUDE ALL INGREDIENTS BY WEIGHT, TO PROVIDE THAT ALL SUBSTANCES ADDED TO HONEY TO ALTER THE FLAVOR SHALL BE INCLUDED ON THE LABEL AND TO PROVIDE THAT ANY LAB-GROWN HONEY SHALL NOT BE LABELED AS HONEY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 75-29-601, Mississippi Code of 1972, is amended as follows:

75-29-601. (1) For purposes of this article, "honey" shall mean the sweet, syrupy substance produced by honey bees from the nectar of plants (including honeydew) which the bees collect, transform, deposit, dehydrate and store, ripened and matured in the honeycombs. The consistency can be fluid, viscous, or partly to entirely crystallized. The flavor and aroma vary but are derived from the plant origin. Pure honey may not contain any additional food ingredients, including food additives. This definition shall include the Commercial Item Description (CID) authorized by the U.S. Department of Agriculture (USDA).

( * * *12) (a) Every container of honey or honey products sold, offered or exposed for sale, by an individual, firm, organization or corporation in the State of Mississippi shall have on the outside of each container a paper label, permanent type stamped imprint or embossed material on the container itself, plainly printed in the English language truly certifying the net contents of the container, the name, brand, name and address of the person or processor offering such honey or honey products for sale, and a true statement of the contents contained therein.

(b) Adulterated or artificial honey. Any product consisting of honey and a sweetener cannot be labeled as "honey." If any sweetener has been added to pure honey so as to increase its bulk or weight, reduce its quality or strength, or make it appear to be better or of greater value than it is, it shall be deemed adulterated or artificial.

(c) For a food consisting of honey and a sweetener, the label shall, among other information, include the following: All ingredients in descending order of predominance by weight: for example, "blend of honey and corn syrup," if the food has more honey than corn syrup. (Conversely, "blend of corn syrup and honey," if the food has more corn syrup than honey).

(d) Value added honey products (flavored or infused honey). All substances added to honey or honey products which enhance or alter the flavor shall be included on the label in the same size font as the word "honey." The label shall include the common or usual name of each ingredient in the ingredient statement in descending order of predominance by weight.

(e) Lab-grown honey. Any product outside the definition of honey shall not be considered honey and shall not be labeled as such.

( * * *23) It shall be unlawful for any individual, firm, organization or corporation to label and/or sell, offer for sale or expose for sale at the retail level of trade any product as " * * * ~~pure~~ honey" that does not meet the minimum requirements established by this section and by the Mississippi Department of Agriculture and Commerce. * * *

( * * *34) It shall be unlawful for any manufacturer or distributor of honey or honey products to use a fictitious name or address on the container label required herein.

SECTION 2. Section 75-29-603, Mississippi Code of 1972, is amended as follows:

75-29-603. (1) The Mississippi Department of Agriculture and Commerce is hereby charged with the responsibility of enforcing this article, including the provisions of Section 75-29-601, Mississippi Code of 1972, and the Commissioner of Agriculture and Commerce or his representative shall be furnished samples of honey or honey products from the individual, firm, organization or corporation, upon request, and shall have such products analyzed by the State Chemist.

(2) The Commissioner of Agriculture and Commerce is authorized, in his discretion, to issue an order to stop the sale or distribution of any honey or honey products found to be in violation of this article, including the provisions of Section 75-29-601, Mississippi Code of 1972. Upon written notice by the commissioner to the manufacturer or distributor of the honey or honey products sold in violation of this article, including the provisions of Section 75-29-601, such honey or honey products shall be picked up by the manufacturer or distributor of such products and the buyer of the honey or honey products sold in violation of this article, including the provisions of Section 75-29-601, shall be refunded the purchase price by the manufacturer or distributor.

(3) The Commissioner of Agriculture and Commerce of the State of Mississippi is hereby authorized and empowered, in his discretion, to make and promulgate rules and regulations as may be necessary to carry out the provisions of this article, including the provisions of Section 75-29-601.

SECTION 3. This act shall take effect and be in force from and after July 1, 2022.