MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services
By: Representative Creekmore IV
AN ACT TO AMEND SECTION 41-3-65, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE DEPARTMENT OF HEALTH TO INCREASE FOOD ESTABLISHMENT ANNUAL PERMIT FEES, PRIVATE WATER SUPPLY APPROVAL FEES, AND ONSITE WASTEWATER PROGRAM FEES BY A CERTAIN PERCENTAGE DURING THE NEXT THREE FISCAL YEARS UP TO A MAXIMUM AMOUNT; TO AMEND SECTIONS 41-3-18, 41-67-12 AND 41-67-25, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-3-65, Mississippi Code of 1972, is amended as follows:
41-3-65. Except as
otherwise provided by law, and upon annual recommendation of the associated
programmatic advisory board, the State Board of Health or the State
Department of Health may increase the amount of any fee listed in Section 41-3-18,
41-67-12 and 41-67-25 and charged by the board or the department * * *, not more than * * * three (3) times during the
period from July 1, * * *
2026, through June 30, * * * 2029, with the * * * amount of each increase * * * not
to exceed thirty-three and one-third percent (33-1/3%) of the amount of the * * * total
fee increase authorized below:
Fees in Section 41-3-18(1)(a) and (b):
Food establishment annual permit fees:
Assessment Category 1.......................... $ 40.00
Assessment Category 2.......................... $132.75
Assessment Category 3.......................... $202.00
Assessment Category 4.......................... $265.50
Private water supply approval fee............... $ 40.00
Fees in Section 41-67-12(1)(a),(b) and (c):
Soil and site evaluation/recommendation......... $150.00
Certification of installers and pumpers......... $225.00
Registration of manufacturers.................. $450.00
Fee in Section 41-67-25(3)(c):
Certification of installers.................... $225.00
SECTION 2. Section 41-3-18, Mississippi Code of 1972, is amended as follows:
41-3-18. (1) The board shall assess fees in the following amounts and for the following purposes:
(a) Food establishment annual permit fee, based on the assessment factors of the establishment as follows:
Assessment Category 1.............................. $ * * * 40.00
Assessment Category 2..............................
* * *132.25
Assessment Category 3..............................
* * *198.00
Assessment Category 4..............................
* * *264.50
(b) Private water supply approval fee...........$ 10.00
The board may develop such reasonable standards, rules and regulations to clearly define each assessment category. Assessment categories shall be based upon the factors to the public health implications of the category and type of food preparation being utilized by the food establishment, utilizing the model Food Code of 1995, or as may be amended by the federal Food and Drug Administration.
Any increase in the fees charged by the board under this subsection (1) shall be in accordance with the provisions of Section 41-3-65.
(2) The fee authorized under subsection (1)(a) of this section shall not be assessed for:
(a) Food establishments operated by public schools, public junior and community colleges, or state agencies or institutions, including, without limitation, the state institutions of higher learning and the State Penitentiary; and
(b) Persons who make infrequent casual sales of honey and who pack or sell less than five hundred (500) gallons of honey per year, and those persons shall not be inspected by the State Department of Health unless requested by the producer.
(3) The fee authorized under subsection (1)(b) of this section shall not be assessed for private water supplies used by foster homes licensed by the Department of Child Protection Services.
SECTION 3. Section 41-67-12, Mississippi Code of 1972, is amended as follows:
41-67-12. (1) The department shall assess fees in the following amounts for the following purposes:
(a) A fee of One
Hundred Dollars ($100.00) shall be levied for soil and site evaluation and
recommendation of individual on-site wastewater disposal systems. * * *
(b) A fee of One Hundred Fifty Dollars ($150.00) shall be levied once every three (3) years for the certification of installers and pumpers.
(c) A fee of Three Hundred Dollars ($300.00) shall be levied once every three (3) years for the registration of manufacturers.
Any increase in the fee charged by the department under paragraph (a), (b) or (c) of this subsection (1) shall be in accordance with the provisions of Section 41-3-65.
(2) In the discretion of the board, a person shall be liable for a penalty equal to one and one-half (1-1/2) times the amount of the fee due and payable for failure to pay the fee on or before the date due, plus any amount necessary to reimburse the cost of collection.
(3) No fee authorized under this section shall be assessed by the department for state agencies or institutions, including, without limitation, foster homes licensed by the Mississippi Department of Child Protection Services.
SECTION 4. Section 41-67-25, Mississippi Code of 1972, is amended as follows:
41-67-25. (1) A person may not operate as an installer of individual on-site wastewater disposal systems unless that person is currently certified by the department. A person who installs an individual on-site wastewater disposal system on his own property for his primary residence is not considered an installer for purposes of this subsection.
(2) An installer of advanced treatment systems or products must be a factory-trained and authorized representative. The manufacturer must furnish documentation to the department certifying the satisfactory completion of factory training and the establishment of the installer as an authorized manufacturer's representative.
(3) The department shall issue a certification to an installer if the installer:
(a) Completes an application form that complies with this chapter and rules and regulations adopted by the board;
(b) Satisfactorily completes the training program for installation and maintenance provided by the department;
(c) Pays the certification fee once every three (3) years, which shall be an amount not greater than One Hundred Fifty Dollars ($150.00); any increase in the fee charged by the department under this paragraph (c) shall be in accordance with the provisions of Section 41-3-65; and
(d) Provides proof of having a valid general business liability insurance policy in effect with liability limits of at least Fifty Thousand Dollars ($50,000.00) per occurrence and at least One Hundred Thousand Dollars ($100,000.00) in total aggregate amount.
(4) Each installer shall furnish proof of certification to a property owner, lessee, the owner's representative or occupant of the property on which an individual on-site wastewater disposal system is to be designed, constructed, repaired or installed by that installer and to the department or its authorized representative, if requested.
(5) The department shall provide for renewal of certifications once every three (3) years.
(6) (a) An installer's certification may be suspended or revoked by the department after notice and hearing if the installer violates this chapter or any rule or regulation adopted under this chapter.
(b) The installer may appeal a suspension or revocation under this section as provided by law.
(7) The department shall disseminate to the public an official list of certified installers.
(8) If any person is operating in the state as an installer without certification by the board, the board, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation.
(9) The department shall provide for renewal of installer certifications to be applied for at the local department offices.
SECTION 5. This act shall take effect and be in force from and after July 1, 2026.